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Unlawful work to TPO'd tree


Kylus Sylvestris
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A cluster**************** of a TPO related scenario that's really shocked me in the last couple of days. In short...

1900-2015 open-grown field oak, loving life.

2017 planning consent for circa 200 houses. Oak retained in Public Space (not adopted).

2018-2019 half of the tree's roots chopped off, soil levels altered, trenches dug within 6-7m, and houses built partly under canopy on one side. Tree pruned to remove branches overhanging property.

2023 (March) TPO request made to LPA (yes, me)

2023 (April) LPA serve TPO

2023 (June/July) Some ****************wit hacks it about without consent. No application on planning portal.

Tree Officer not aware of any consented work. Nobody really knows who owns the tree as the consortium of developers will be very hard to find. And to top it all, a copy of the TPO is still attached the adjacent lamppost. The mind boggles. Question is, how to winkle out the culprits?

 

 

2018 sept.jpeg

2023 aug.jpeg

00.lamppost.TPO 2.jpeg

2023 aug a.jpeg

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Isn't this a problem with the council? Why did they grant planning so close to the tree and why wasn't the tree TPOed at the time of planning?

 

You could door knock to see if anyone saw the people working on the tree but even though everyone will no doubt say they love trees they may not love that one.

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Doesn't look 'hacked about'. Substantial reduction, yes, but looks quite well done. Might have saved it being properly hacked about later or by some cowboys.

Someone instructed it and paid for it.

It's for the Council to decide if it wants to prosecute or caution someone. If it thinks the works are heinous enough, it could to the detective work.

There's always several levels to deciding to prosecute. Was the TPO known? Were the works of the prohibited kind? Would it have got consent on application? Are the works going to destroy the tree and the amenity it provides? And finally, can the Council prove who did it?

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2 hours ago, daltontrees said:

 

It's for the Council to decide if it wants to prosecute or caution someone. 

 

Do councils have cautioning powers for TPO offences? A proper caution that goes on your proper record like the filth can give, not some lesser or non-existent legal thing that calls itself a caution. Are (criminal) TPO offences brought as private prosecutions by councils or do they go through the usual Crown Prosecution Service/Procurator Fiscal channel?

Edited by AHPP
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Mature tree reduction on public property.

Easy to find out who authorized the work and also who paid the bill

You won't get anywhere moaning about it and if the cuts are done nicely the tree will be ok.

There isn't one scrap of land on this island we live on that isn't managed in one way or another so STFU and enjoy the remaining trees that are being looked after

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5 hours ago, AHPP said:

Do councils have cautioning powers for TPO offences? A proper caution that goes on your proper record like the filth can give, not some lesser or non-existent legal thing that calls itself a caution. Are (criminal) TPO offences brought as private prosecutions by councils or do they go through the usual Crown Prosecution Service/Procurator Fiscal channel?

The cautions stay on file with the council in case you breach the TPO again in future.  The council are the. Enforcing agent for TPO contravention, not the CPS. 
 

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