fines for doing work on tpo trees

[Paul Jenks]

A tree has to fulfuil certain criteria to justify a TPO. I'd be surprised if a group of pops that are falling to bits would have a TPO. They may, however, be within a conservation area and if they form a significant part of the local tree landscape the TO may have a view on what works he will sanction.

Most LA websites now have a function for checking if a area has TPO or conservation status

[Pedroski]

That's what I was thinking Paul. They are definitely outside the conservation area, and the landowner is absolutely certain there is no TPO but I will check with the TO tomorrow morning just in case his view is different to that of the FC bloke. I've been hunting on the LA website for a TPO search but can't find anything...I'll check again when I get back home this afternoon! Thanks.

[treequip]

I'm pretty sure thats not true.

 

They defiantly have a scale they use to work out the value of the tree, it takes into account its amenity value, etc.

 

Well here’s the thing, the TPO is made on amenity value which is difficult to quantify in monetary terms.

 

The TCPA, for all its volume and wisdom, imposes a duty on the LA (mostly the LA but there are others) to protect trees where it is in the public interest, but the legislation itself does not specify how amenity is to be assessed.

 

The act also does not give guidance to the level of fines, that is at the discretion of the bench.

 

The LA can of course make a valuation of the tree and submit to the bench that this be taken into account at sentencing but as I said it is at the discretion of the bench and that depends on the magistrates (usually) and what side of bed they got out of.

 

And unless it's a single joint expert statement any valuation can also be challenged by the defendants brief.

[Mesterh]

I'm surprised no one has posted the relevant info on how to put a amenity cost on a tree, surely one of the TO can help out. We did this back in college so I can't remember but it took into account size, health, species etc, etc and most importantly iirc location. I think there were around 8 different categories you filled in. Costing a large syc we all came up with £1000,s on the amenity value, the lecturer came up with about £200

[John Shutler]

I'm surprised no one has posted the relevant info on how to put a amenity cost on a tree, surely one of the TO can help out. We did this back in college so I can't remember but it took into account size, health, species etc, etc and most importantly iirc location. I think there were around 8 different categories you filled in. Costing a large syc we all came up with £1000,s on the amenity value, the lecturer came up with about £200

 

Helliwell system and how much is a ?point??

[treequip]

I'm surprised no one has posted the relevant info on how to put a amenity cost on a tree, surely one of the TO can help out. We did this back in college so I can't remember but it took into account size, health, species etc, etc and most importantly iirc location. I think there were around 8 different categories you filled in. Costing a large syc we all came up with £1000,s on the amenity value, the lecturer came up with about £200

 

The systems are subjective so getting the same result for a given tree from 2 different individuals is nearly impossible.

[nick channer]

So even though you accept it was your fault for not checking, you still hit the bloke?

 

Or did you hit him because he owed you money?

 

it was his job... he had told the next person down the line that there was no tpo's or it wasnt in a consercation area... after that it wasnt mentioned... he had originally said to me on the day of the tpo officer turning up that he would pay any fines incurred... after being fined etc and me telling him so he agreed to pay most of it..... months of him ignoring my calls, emails etc is when i followed him home and told him in no uncertain terms what was gonna happen to him if i didnt recieve what was agreed.. i took him to the cash machine and he gave me 500 there and then and cheque for rest... he had no intention of payin me through the normal channels...

[Jon Lad]

The basic rule is that under section 210 of the Town and Country Planning Act 1990 it is a criminal offence to carry out any unauthorised work to a tree covered by a TPO.

 

There is no provision in the Act for consent to be sought retrospectively under a TPO. This is because the sole reason for consent to be given for work to be carried out to a TPO'd tree, is that it allows suitable conditions to be imposed on the type of work which is being proposed to be done.

 

If you have a friendly Tree Officer who will rubber stamp what work you have done without permission, all well and good. But there is no legal authority, under planning law relating to TPO's for them to do so.

[Mesterh]

Helliwell system and how much is a ?point??

 

Cheers for the link.

[18 stoner]

i followed him home and told him in no uncertain terms what was gonna happen to him if i didnt recieve what was agreed.. i took him to the cash machine and he gave me 500 there and then and cheque for rest...

 

I wasnt sure if you were joking or not until I read this!

 

Is this normal practice when someone owes money?

 

Low man, very low.

 

You still never said at what point you hit hit him?