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Confirming a TPO


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Ive just been through the relevant section of the blue book for this but found nothing specific re : time limit for confirmation...

How long does an LPA effectively get to sit on it's hands and consider the various virtues of confirming a TPO?

 

TIA

Tim

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The “Blue book” says

 

 

The Importance of Confirming TPOs without Delay

3.34 The LPA should ensure they reach their decision on confirmation without undue delay. A TPO may include a section 201 direction which secures the protection of the trees on a provisional basis for up to six months from the date of the making of the TPO. The LPA should be ready to make their decision on confirmation before the end of this period. If they fail to make their decision within the six month period, they are not prevented from confirming the TPO afterwards. But they should bear in mind that, after the six months, the trees or woodlands lose the protection of the section 201 direction until the TPO is confirmed. In the event of a significant delay beyond the six month period the LPA should consider, before confirming the TPO, whether it would be more appropriate to make a fresh TPO, particularly if land affected has been newly occupied by people who were unable to comment on the original TPO.

 

So six months to confirm or the TPO is unenforceable

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Okay...Looks that way dont it ! It is worded so as to make you wonder if it applies to S201's ( "may include s201")....I agree tho' if they cant be more enlightening than that....we 're bound to take them at their word

Cheers

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The section 201 direction is such a ubiquitous part of almost every Order that the upcoming changes will amalgamate its function into the the basic text.

 

Subsequent to what Treequip has said - unconfirmed Orders lapse in terms of enforceablility but, provided that no objections were made during the statutory window and assuming that the trees still exist, they can be confirmed at any time.

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