TPO confirmed but owner not informed

[Wonky]

The outcome of the tree Survey will be interesting,

Then the reply from the TO  of the survey and proposed works will be even more interesting.😉👍

[Johnelle]

I’ll keep you updated on the 800 yr old building vs 60 yr old leaning tree saga...

[Khriss]

Does underline why you should have periodic tree surveys done on any suspect or potentially hazardous trees on yr land, certainly a cost - but much more ammunition when you get to this stage - even if only to support any insurance claims. K

[kevinjohnsonmbe]

On 07/05/2021 at 18:16, daltontrees said:

That tree probably won't be there in 10 years' time.

👊🏻 BOOM!

[Johnelle]

Didn’t even last a year!!

[kevinjohnsonmbe]

On 09/05/2021 at 15:15, Johnelle said:

 we have missed the appeal date

You can challenge a provisional TPO prior to confirmation by submission of suitably presented counter argument.  

 

The processes and decision making are (should be) clearly defined - it is a planning decision rather than a TO decision which leads to confirmation of a TPO so properly constructed and presented counter argument is imperative.  Too late in your case...

 

LAs should be especially mindful of correct process in the transition from provisional to confirmed TPO since they are (in essence) the applicant, the assessor, the adjudicator AND the decision maker....  

 

After confirmation, no appeal route exists - JR only.  Bye the bye now anyway...

 

 

Edited February 19, 2022 by kevinjohnsonmbe

[Jon Heuch]

On 09/05/2021 at 15:15, Johnelle said:

Unfortunately as the Council did not tell us they had confirmed the TPO (and their legal team have confirmed that they did not inform us) we have missed the appeal date. Makes me wonder if that means they are now liable??

There was no risk assessment, the TPO was confirmed solely on the basis of amenity. Although the chair stated that we should be told when practicable that we could carry out work to ensure the safety of the tree. 

But they haven’t informed us of that either.

So the Council has not communication with us and we are left with a tree that may be at risk of falling in the future.

Johnelle

1) I assume the council confirmed the TPO within 6 months of originally serving it? If not it's as dead as a dodo. It's simple diary arithmetic to look at the two dates.

2) Having confirmed it the council has to endorse the TPO to show it's been confirmed. They should then have sent the revised document to you. If the council acknowledge their mistake I am assuming they have now sent you the TPO document showing you its been confirmed (with a date of confirmation)?It's just that they delayed?

3) If as above then the liability if firmly in  your hands; insurers for the building cover the risk to the building but make sure your insurance does actually cover the building if it is an outbuilding and not just your main house; your contents insurance should cover risk to third parties. If you have one insurer for both you will avoid this split.

4) you clearly want to avoid any damage to property so that is why you are on this forum:

5) as others have advised you need professional assistance with assessing the tree; they clearly need to either state in writing that the tree is safe in which case you should be in that grey zone of being protected by professional advice (on their professional indemnity insurance be it) for a period of time but probably be needing similar advice every 12 months or so. Or they state that various works need to be done to the tree and you need to apply to the council for permission and they may or may not agree and allow the said works to go ahead.

6) if your professional advice says "X" and the council says No! (and it's not uncommon) you need to seek better quality arboricultural advice. If you don't know who you are employing you are better to start at the top first: www.trees.org.uk and look for a registered consultant in your area. 

 

 

[kevinjohnsonmbe]

3 minutes ago, Jon Heuch said:

) if your professional advice says "X" and the council says No! (and it's not uncommon) you need to seek better quality arboricultural advice.

For that statement to be correct, there would need to be an undisputed acceptance that council always right / professional advisor always wrong. 
 

That’s certainly not a starting point I’d accept. 

[Mark J]

42 minutes ago, kevinjohnsonmbe said:

For that statement to be correct, there would need to be an undisputed acceptance that council always right / professional advisor always wrong. 
 

That’s certainly not a starting point I’d accept. 

I think that the inference was that a more thorough\experienced arboriculturalist will be able to present the facts in a way that compels the LA to pay attention.

[Khriss]

I never say the tree is 'safe'... It is' safe for now'  ( until the next storm event......)