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TPO confirmation with a variation.


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Hypothetical question here.  If I notify a council that I want to fell ten trees in a C A and they decide to TPO six of them, can I proceed to fell the other four before or after the TPO is confirmed ?  Or do I have to make a new notification to the council for the four after the conformation ?

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They have decided not to TPO the other 4 trees? They can only TPO or say nothing about a CA tree so if they gave you a decision or 6 weeks expired then crack on would be my view.

 

They can make a separate decision to TPO the same trees after the 6 weeks, so there is some incentive on your part to get them done before that can happen.

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The key point is that you have let the LA know of your intent to carry out works on trees within a CA, and therefore met your obligations to the Town and Country Planning Act. Your notification will have been considered as a whole. Therefore, if the LA decide to TPO 6 out of the 10 trees, then you may proceed with works to the 4 that have not been protected. Its important to note with a CA that once the notice period has ended, not receiving and answer is an answer in itself, i.e. crack on. Unless, the LA contacts you and requests an extension to the period (which is quite rare).

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