Emergency TPO

[Sarahsmile]

Hi,

 

I’m a first time poster.

 

In short, I live in Wiltshire and a neighbouring property has been bought by a developer. In the garden is an ancient oak (non TPOd). I fear the developer will attempt to remove the tree before seeking planning. If I call the LPA tomorrow morning, how quickly can an emergency TPO be put in place please?

 

Assuming that the LPA is willing to protect the tree of course.

 

Thanks

[Will C]

All depends on how willing the local tree officer is to get out the office and get it done. It can be done very quickly if they feel it’s needed

[Sarahsmile]

Thanks.

 

Within days? Do they make a site visit?

[Chris at eden]

3 hours ago, Sarahsmile said:

Thanks.

 

Within days? Do they make a site visit?

Yes within days if it meets the criteria.  It has to have good visual amenity when viewed from a public place. And it has to be under threat.  
 

The developer buying the land is enough to justify a perceived threat but if it isn’t visible to the public then it probably isn’t suitable.  Ancient or veteran doesn’t really come into the assessment. 
 

[whizzkid96]

3 hours ago, Sarahsmile said:

Thanks.

 

Within days? Do they make a site visit?

The new Biodiversity net gain rules for planning may serve to protect the tree if it doesn't fit TPO criteria. Large and especially ancient trees will hold higher value under the rules but there's no guarantee.

[Chris at eden]

4 hours ago, Will C said:

All depends on how willing the local tree officer is to get out the office and get it done. It can be done very quickly if they feel it’s needed

Not really. It isn’t a case of touching the tree and saying it’s protected.  There is the site visit, amenity assessment, the creation of the TPO and plan. Then it goes to legal who get it signed and sealed.  Then it goes out registered post. 
 

When I worked as a TO I got the requirement to seal removed from the procedure because it took too long.  It had to be signed off by the head of service and they have a lot of other stuff to deal with so it would take days. It took years to get an agreement as the procedure was written into the council’s constitution and that stuff doesn’t get changed quickly.  It has to be rewritten by legal and then go to cabinet to be agreed.  TPOs is a tiny issue and council legal teams tend to be busy places with bigger fish to fry. 
 

The TO isn’t in control of the pace at which it happens. And they get a ridiculous amount of requests to TPO trees, most of them unsuitable. I got asked to TPO a load of daffodils once in a highway verge. That was by a planning officer as well.  She didn’t believe me when I said I couldn’t. 

[Sarahsmile]

Thank you guys!

[AHPP]

11 hours ago, Sarahsmile said:

Hi,

 

I’m a first time poster.

 

In short, I live in Wiltshire and a neighbouring property has been bought by a developer. In the garden is an ancient oak (non TPOd). I fear the developer will attempt to remove the tree before seeking planning. If I call the LPA tomorrow morning, how quickly can an emergency TPO be put in place please?

 

Assuming that the LPA is willing to protect the tree of course.

 

Thanks

 

Ask yourself if you're happy with yourself, using the might of the state to tell someone what they can or can't do with their own property. Ask yourself whether you'd be happy if tomorrow morning your new neighbour was rushing to the council for an emergency order to prevent you mowing your grass or washing your windows. 

 

 

Edited February 25 by AHPP

[peds]

Bit of a difference, to be honest. 

[AHPP]

No. It's someone wanting to tell someone else what they can and can't do.