Tree Preservation Order Procedure.

[Hairyloon]

It has been a while since I've had to get involved with any of this, but it seems that there are a bunch of trees being felled locally which the locals are up in arms about.

It is a conservation area, and some of the trees are covered by a TPO, and the word is that the work is not really necessary (I've not looked myself).

 

I thought that notices had to be posted when applications were made for work under a TPO.

Have I got that wrong, did the rules change, or has somebody been naughty?

 

And does the decision to allow works lie entirely with the Tree officer?

Obviously, if he says "No" you can appeal, but is there any redress if he says "No" when he should not have done?

[arbclimber]

Change the last 'no' to a 'yes' mate and the post will make much more sense. I think thats what you mean.

[common lime]

When the LPA has granted consent to a tree works application there is no right of appeal to the planning inspector.

 

You could make your concerns to the local Councillor, make a complaint via the Councils in house procedure or go to the local authority ombudsman.

[Hairyloon]

Change the last 'no' to a 'yes' mate and the post will make much more sense. I think thats what you mean.

 

[arbclimber]

 

I thought in your last sentence you were asking if there is any redress if he said 'yes' but shouldn't have.

[AA Teccie (Paul)]

It has been a while since I've had to get involved with any of this, but it seems that there are a bunch of trees being felled locally which the locals are up in arms about.

It is a conservation area, and some of the trees are covered by a TPO, and the word is that the work is not really necessary (I've not looked myself).

 

I thought that notices had to be posted when applications were made for work under a TPO.

Have I got that wrong, did the rules change, or has somebody been naughty?

 

And does the decision to allow works lie entirely with the Tree officer?

Obviously, if he says "No" you can appeal, but is there any redress if he says "No" when he should not have done?

 

 

My recollection is that the LPA (Local PLanning Authority) have a duty to 'advertise' TPO applications but not necessarily including the posting of notices, although this is commonly done and particularly where known sensitive sites are involved. Usually the local paper & Council website is where the majority are posted.

 

Dependent upon council policy and delegated authority arrangements, i.e. decisions the Tree Officer can make without referral, he may be perfectly wihtin his/her durisdiction to say 'Yeah' or 'Nay'. However, usually, where there are objections made to the application it is referred to a council committee, Planning (?), for determination.

 

See Chapter 6 of the TPO guide for further info at Tree Preservation Orders: A Guide to the Law and Good Practice - Planning, building and the environment - Communities and Local Government

 

Hoping this to be of help.

 

Cheers..

Paul

[Paul Barton]

Particularly 6.43 regarding publicity. Where trees are likely to draw considerable public interest the LPA are advised to display a site notice etc. It's not a legal requirement tho.

[Hairyloon]

I thought in your last sentence you were asking if there is any redress if he said 'yes' but shouldn't have.

 

That is indeed what I meant to say.

 

Thanks for the help folks.

[arbclimber]

That is indeed what I meant to say.

 

Thanks for the help folks.

 

Thought so mate. Wasn't being critical, just thought i'd point it out.