TPO 5 day notice and exemptions?

[Ledburyjosh]

I have a big dead tree over multiple gas tanks to remove the tree has a TPO(group).

This is now exempt as it is both dead and dangerous, no lesser work apart from removal is adequate.

 

My questions are:

Is a 5 day notice actually required and still a thing? it seems pointless as the tree is exempt from the TPO so it's coming down regardless.

Where in the T&CPA does it discuss exemptions and how to deal with them, I have looked through and cannot see, perhaps I am overlooking it?

 

 

I have taken my information so far from memory and the following link: Paragraph's 60 & 79.

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Tree Preservation Orders and trees in conservation areas - GOV.UK

WWW.GOV.UK

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Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas.

 

 

Thanks

Josh

 

 

[dumper]

We put in a notice for work for information only then usually make a call to the arb officer, and crack on, do take pictures before and during 

Edited March 24, 2023 by dumper

[waterbuoy]

Ditto

Whilst I realise the difference between a TPO and Conservation Area:

We were wanting to take down 4 trees in a Conservation Area, two of which were dead and two of which had significant basal rot.  We sent photos to the TO and told him we were planning to take down the trees as we believed they were exempt.  He replied the next day to confirm that a Section 211 was not needed, and thanked us for the heads up.  IMHO it does no harm whatsoever to keep in their good books!

[Ledburyjosh]

Yes I understand it may be deemed polite to keep the TO in the loop. 

I am still wanting to find the exact wording as I would like to know if the notice is actually required or not.

[Mark J]

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Tree Preservation Orders and trees in conservation areas - GOV.UK

WWW.GOV.UK

---

Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas.

^ See link above: 

[waterbuoy]

See this document, esp Section 6

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/14956/tposguide.pdf

 

Edit - beaten to it!

 

Edited March 24, 2023 by waterbuoy

[dumper]

Who are you working for? I work for the utilities they deem the tree dangerous or the work is urgent/emergency we crack on,prove our case with many pictures,

[Ledburyjosh]

9 minutes ago, Mark J said:

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Tree Preservation Orders and trees in conservation areas - GOV.UK

WWW.GOV.UK

---

Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas.

^ See link above: 

Yes I had seen this, It then led me to look in the T&CPA to try and find out where it actually states this is a requirement but I could not see it

[Ledburyjosh]

6 minutes ago, dumper said:

Who are you working for? I work for the utilities they deem the tree dangerous or the work is urgent/emergency we crack on,prove our case with many pictures,

A private estate.

 

My understanding is that is all that is needed. The tree is exempt, and therefor not covered by a TPO, therefor carry on. The photos are an obvious thing to take many of to provide evidence should you be questioned on it

 

[Mark J]

Just now, Ledburyjosh said:

A private estate.

 

My understanding is that is all that is needed. The tree is exempt, and therefor not covered by a TPO, therefor carry on. The photos are an obvious thing to take many of to provide evidence should you be questioned on it

 

There may be replanting condition within the TPO, so perhaps that's why they want notification of works.