How to have a TPO removed?

[Dirk Pitt]

Search as I might I cannot find a process for applying to have TPO's removed. Is there one and if there is please can you give me a link to it, thank you.

 

The TPO's were put on about 50 years ago and from the documentation this is word for word the reason given for the TPO's being placed on trees.

"A planning application has been received for residential development in the area where these trees are located. The local planning authority therefore consider that it is expedient to make an order to safeguard these trees from indiscriminate felling or lopping which otherwise might arise from building operations taking place"

 

The building work has been completed and the house has changed hands more than once. I feel the reason for the TPO's is no longer valid and therefore can and should be removed. Any planning application made, could have TPO conditions applied in future.

From what I have read, having a TPO removed is difficult but only because the council may refuse, however, I am basing this on not being able to find a process for the removal of a TPO.

 

Advice on how to go about having a TPO removed will be greatly appreciated.

 

Expedient  " the situation in which something is helpful or useful in a particular situation, but sometimes not morally acceptable

 

 

than you in  advance

 

Dirk Pitt

[Mick Dempsey]

What your motive?
 

Do you want to remove the trees?

[Dirk Pitt]

1 hour ago, Mick Dempsey said:

What your motive?
 

Do you want to remove the trees?

Why do you ask, does the process differ if one wants to fell them and planning permission for a building can override a TPO in any case.

 

No I do not want to fell them or remove them, just be able to maintain them as and when. We do not want to build on any of the land and so the trees are not at risk.

The trees give us privacy. Even the epicomic growth has been left if it is above the fence.

 

If I notice a low hanging branch that may be an issue to a neighbour, I cannot cut it back but have to apply for planning permission and wait a couple of months. This may cause friction with the neighbour if they ask me to cut it and 8 weeks later it is still there.

 

 

Dirk Pitt

[Mick Dempsey]

5 minutes ago, Dirk Pitt said:

Why do you ask, does the process differ if one wants to fell them and planning permission for a building can override a TPO in any case.

 

No I do not want to fell them or remove them, just be able to maintain them as and when. We do not want to build on any of the land and so the trees are not at risk.

The trees give us privacy. Even the epicomic growth has been left if it is above the fence.

 

If I notice a low hanging branch that may be an issue to a neighbour, I cannot cut it back but have to apply for planning permission and wait a couple of months. This may cause friction with the neighbour if they ask me to cut it and 8 weeks later it is still there.

 

 

Dirk Pitt

Why not just apply to have any reasonable work done on the trees as and when? Explain to your neighbour that you have to apply for permission.

Edited September 10, 2022 by Mick Dempsey

[Chipperclown]

[daltontrees]

23 hours ago, Dirk Pitt said:

Why do you ask, does the process differ if one wants to fell them and planning permission for a building can override a TPO in any case.

 

No I do not want to fell them or remove them, just be able to maintain them as and when. We do not want to build on any of the land and so the trees are not at risk.

The trees give us privacy. Even the epicomic growth has been left if it is above the fence.

 

If I notice a low hanging branch that may be an issue to a neighbour, I cannot cut it back but have to apply for planning permission and wait a couple of months. This may cause friction with the neighbour if they ask me to cut it and 8 weeks later it is still there.

 

 

Dirk Pitt

If  a branch is an 'issue' to a neighbour it probably comes under the 'prevention or abatement of a nuisance' TPO exemption and doesn't need permission.

[daltontrees]

On 10/09/2022 at 18:25, Dirk Pitt said:

Search as I might I cannot find a process for applying to have TPO's removed. Is there one and if there is please can you give me a link to it, thank you.

 

The TPO's were put on about 50 years ago and from the documentation this is word for word the reason given for the TPO's being placed on trees.

"A planning application has been received for residential development in the area where these trees are located. The local planning authority therefore consider that it is expedient to make an order to safeguard these trees from indiscriminate felling or lopping which otherwise might arise from building operations taking place"

 

The building work has been completed and the house has changed hands more than once. I feel the reason for the TPO's is no longer valid and therefore can and should be removed. Any planning application made, could have TPO conditions applied in future.

From what I have read, having a TPO removed is difficult but only because the council may refuse, however, I am basing this on not being able to find a process for the removal of a TPO.

 

Advice on how to go about having a TPO removed will be greatly appreciated.

 

Expedient  " the situation in which something is helpful or useful in a particular situation, but sometimes not morally acceptable

 

 

than you in  advance

 

Dirk Pitt

The authority and process to remove a TPO depends what country you are in.

 

[Dirk Pitt]

sorry for not coming back to this thread, I again did not get any notifications. I thought I had solved the problem.

 

Dirk pitt

[Dirk Pitt]

On 11/09/2022 at 19:28, daltontrees said:

The authority and process to remove a TPO depends what country you are in.

 

I am in England, if you can point me to a process for England I would appreciate it.

 

Dirk Pitt

[Dirk Pitt]

On 11/09/2022 at 19:19, daltontrees said:

If  a branch is an 'issue' to a neighbour it probably comes under the 'prevention or abatement of a nuisance' TPO exemption and doesn't need permission.

Whilst I agree with you where is the line between taking off to much and taking off enough? If I took off any overhanging braches up to 12 foot would that be too much? If I cut back too far, how far back is too far?

 

If I take off just enough now I will have to cut back again next year. If I take off "too much" now then not only will the braches grow again I will not have to cut them any time soon. 

 

I would prefer not to be caught between council, law and neighbour. As it is, it too best part of 5 weeks to get permission to clear the overhang from neighbours drive.    

 

Dirk pitt