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How to have a TPO removed?


Dirk Pitt
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16 hours ago, Chris at eden said:

I agree.  I don’t get where the op is coming from. It’s not difficult to do an app. Everyone has told him to just apply and he has come back saying all this talk hasn’t answered my question, what is the process to get it lifted.  
 

If he wants the TPO revoked the TO is going to assume he wants to fell it and that in itself justifies the expediency of the TPO.  Assuming it looks nice and can be viewed that would make it suitable for TPO protection. 
 

 

I want to be able to maintain them such as cutting "branches" so pedestrians can walk under the trees when stepping out of the road away from traffic, to keep clear from my neighbours drive , so I can drive under them without catching my roof or the cycles on the roof, so I can mow around the trees without a face full of tree, so I can cut the odd branch to help maintain shape.  I know making a planning application is not hard, I've made 1 but once I spot an issue I want to be able to deal with it now, not wait 5 weeks.

A TPO leaves the tree owner at the mercy of a council official that cares little or nothing about how the tree a/effects the owner.  Any application I make to work on a tree can be turned down.

The TPO's were put on when building work was done over 40 years ago, the building work has been done by a previous owner and so as that threat has past, is the TPO now justifiable?  Most of the trees in the village do not have TPO's and that perhaps is justification for removing the TPO's on my trees. Any further planning application to build could allow the council to slap TPO's on again.

 

I read something on the Amenity of trees and I dont  think any work I'd like to do would be against that.

I assume there is no official policy or process to remove a TPO.

I am guessing most of you are professionals, would you work differently on a tree without TPO to one that has a TPO, for example how much you take off the top, sides, bottom?  You probably know how much the council will allow you to remove from experience and so your applications for work I would assume are generally made with that in mind but a tree without a TPO you make take off what you can without causing harm.

I had  a company make the first application for work, most of which was turned down. When the council came out, they told me to fell 2 trees due to disease.  Once down, 1 was right to fell, the second, I dont think needed to came down yet so getting a company to make the application just cost me a lot of money.

 

As for the comment "Assuming it looks nice and can be viewed that would make it suitable for TPO protection. " Can you imagine if every tree in that criteria had a TPO?

 

 

Dirk Pitt

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20 hours ago, Chris at eden said:

 

 

Its the amount of work you can do to achieve the objective while not damaging the tree.  It’s not removing entire limbs when reducing the ends would do.  Tree owners often have expectations that are not realistic when it comes to TPOs. 
 

I saw an application recently that was to reduce the height of a tree by half because the low branch were catching the roof of the cars when entering the drive. That isn’t reasonable. Lifting the low branches to 4m would be. 
 

cheers 

 

Chris 

I am sure what I want to do can be done without harming the tree, I do not want to remove whole limbs/branches. With their length and weight, they now hang down, cut some off the ends and I would suspect the branch to lift. This may lift the "crown" closest to the trunk which are shorter branches from "12ft to 18ft" but the crown at the edges of the tree where the branches are "10ft" longer is already "18ft"

 

 

Dirk Pitt

 

 

 

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2 hours ago, Joe Newton said:

This has been a great read. It appears the OP has gone back to being a character in Clive Cussler novels.

 

Doubt he'll be back

ya a clive cussler fan and it would be rude not to revisit the forum.  CC is I understand dead.

 

dirk pitt

 

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15 minutes ago, Dirk Pitt said:

As for the comment "Assuming it looks nice and can be viewed that would make it suitable for TPO protection. " Can you imagine if every tree in that criteria had a TPO?

 

 

Dirk Pitt

That is one of the criteria that is looked at when applying to TPO.

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The tree is obviously in the front garden of your property so will have a level of public visibility. The tree is also nice enough that the LPA deemed it necessary to protect the tree to ensure that the tree can be enjoyed by many for a long as the tree is suitable to be retained.

You claim that the works you want to do would not affect the long term health of the tree, but one day you might decide your sick of picking up leaves and cut the tree down (equally you might decide to sell the house and the next bloke will cut it down). The value that the tree adds to the local area and landscape will then be lost forever, unfortunately people can't be trusted to always do the right thing when it comes to trees so that's why statutory protection is important.

 

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So basically you're going to have to live with the preservation order. I'm sure you could invest a significant amount of time and money into trying to get the order revoked, but you'll be fighting a losing battle without better grounds than "I can't be bothered to ask for permission every time I want to cut something", which I'm afraid is all you have.

 

You bought the property with the TPOs in place, you'll just have to jump through the hoops.

 

Any reasonable Tree Officer will allow you to maintain the trees responsibly. 

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