Revoking of group TPO.

[Les Day]

Hi all. Anyone have experience of applying to review/revoke a TPO?

Situation is that there is a narrow (3mtrs X 80Mtrs) strip of land that was given Group tpo status due to a double row of young alders, in 1999, about the time the houses were built around it.  

Numerous house owners have contacted me over the years to have these reduced/pollarded as they completely overshade/ cause debris in their tiny back gardens. No problems as the LA has always granted it & work carried out. However about 8/9 years ago previous Tree Officers (one of who has common sense & big balls despite being female!) at the LA suggested the TPO was unnecessary & suggested I request a lifting of the order to save everyones time & effort as any amenity value had been lost when the houses were built.

I put this question by email to the LA & had the curt reply "there is no process available to review a TPO". Being unimpressed I called the LA & was told the exact same reply, as they'd had a 'meeting' about my question.

Surely theres a higher authority to appeal this, but thought I'd ask here first. 

Thanks

[daltontrees]

4 hours ago, Les Day said:

Hi all. Anyone have experience of applying to review/revoke a TPO?

Situation is that there is a narrow (3mtrs X 80Mtrs) strip of land that was given Group tpo status due to a double row of young alders, in 1999, about the time the houses were built around it.  

Numerous house owners have contacted me over the years to have these reduced/pollarded as they completely overshade/ cause debris in their tiny back gardens. No problems as the LA has always granted it & work carried out. However about 8/9 years ago previous Tree Officers (one of who has common sense & big balls despite being female!) at the LA suggested the TPO was unnecessary & suggested I request a lifting of the order to save everyones time & effort as any amenity value had been lost when the houses were built.

I put this question by email to the LA & had the curt reply "there is no process available to review a TPO". Being unimpressed I called the LA & was told the exact same reply, as they'd had a 'meeting' about my question.

Surely theres a higher authority to appeal this, but thought I'd ask here first. 

Thanks

Sort of depends were you are, the law in Scotland is pretty clear but in England it appears to be messy. There definitely isn't a set trigger (or even a statutory obligation) to 'review' a TPO (in England) but what it comes down to is that a TPO can be revoked or varied if appropriate. The power to do this is in the 1990 Act (s.337(7)) and the procedure is in Regs 8 and 9 , 1999. The Council doesn't need any special trigger to 'review'. It simply can. The legislation doesn't say 'review, but that is essentially what happens - a review to see if and to what extent the TPO is still relevant. If it needs changed it can be revoked or varied. Or a new one made.

Note the terms review, revoke, vary, make and confirm all have specific meanings.

[Anno]

I've been a TO for a good few years in 2 Local Authorities, who gets the time to revoke anything?

[Les Day]

Thanks for replies. Looks like its not worth the bother, even if there was a higher authority. I'll have to continue making the applications which in turn, unnecessarily (IMO) ties up the overworked TO. I know he already has a huge backlog so was trying not to add more for him.