Confirming TPO's

[Gary Prentice]

What's peoples experience with LPA's and confirming TPO's. I've an ongoing situation where the planning department failed to confirm an order after six months, twice refused consent to fell (when the tree wasn't legally protected) and then confirmed the order six years later.

 

The longest period I can find before confirmation is thirteen years:001_rolleyes:,

Anyone have any knowledge about a precedent for testing the legality of the order?

 

To my view, given the length of time involved, interested parties may have changed and had no opportunity to object as the planning department were mis-informing everyone.

 

Thoughts?

[VEG]

I may be wrong but if you ask ask for written confirmation of tpo status on a tree they have a set time to reply to you.

[hazzygawa]

They sound like a bunch of complete muppets!

[Gary Prentice]

I may be wrong but if you ask ask for written confirmation of tpo status on a tree they have a set time to reply to you.

 

Thats not I'm asking. When a Tpo is served a certain section of the act means the tree is protected for a period of six months. At or before this period the order is confirmed. If the order isn't confirmed the tree is no longer protected. ie the order actually lapses.

 

If the LPA confirm at a time after six months the Order becomes valid again. After six months and until confirmation of the order no protection is in place (Unless the trees located within a CA)

[Gary Prentice]

They sound like a bunch of complete muppets!

 

This is going back a few years and I only recently got involved. The present staff are getting pretty good and very helpful.

Client was a bit distressed when I pointed out that they could have removed the tree any time within that six year period. The devils always in the details.

[Jesse]

What's peoples experience with LPA's and confirming TPO's. I've an ongoing situation where the planning department failed to confirm an order after six months, twice refused consent to fell (when the tree wasn't legally protected) and then confirmed the order six years later.

 

The longest period I can find before confirmation is thirteen years:001_rolleyes:,

Anyone have any knowledge about a precedent for testing the legality of the order?

 

To my view, given the length of time involved, interested parties may have changed and had no opportunity to object as the planning department were mis-informing everyone.

 

Thoughts?

While you are investigating this issue it may be worthwhile emailing your Tree Officer and ask him to confirm the precise location of the tree on a site plan, he should email this back to you and also get him to confirm the species , it may reveal other errors within the order and don't at this point disclose any findings to him.

[Amelanchier]

Anyone have any knowledge about a precedent for testing the legality of the order?

 

Once an Order is confirmed it "...shall not be questioned in any legal proceedings whatsoever." (Sections 284 (1)(e) & (2)© of the Town & Country Planning Act 1990 (as amended))

 

That said, you could stump up a lot of cash and take a case to the High Court on the basis that the LPA's process (but not the decision) was in error but you'd need some clear cut malpractice. I saw Charles Mynors speak at the AA conference last year and IIRC he mentioned that LPA's frequently get away with quite appalling housekeeping regarding serving Orders and that he was only aware of approx. ten such cases making it to the High Court - of that only two were found in favour of the claimant.

[Gary Prentice]

While you are investigating this issue it may be worthwhile emailing your Tree Officer and ask him to confirm the precise location of the tree on a site plan, he should email this back to you and also get him to confirm the species , it may reveal other errors within the order and don't at this point disclose any findings to him.

 

Our TO has nothing to do with Planning and often encourages me to stir the pot to show their mistakes. I'd have no issue capitalising on a mistaken identification. They recently started serving individual orders on trees in a 35 year old Area Order because I was questioning the time span.

[Gary Prentice]

Once an Order is confirmed it "...shall not be questioned in any legal proceedings whatsoever." (Sections 284 (1)(e) & (2)© of the Town & Country Planning Act 1990 (as amended))

 

That said, you could stump up a lot of cash and take a case to the High Court on the basis that the LPA's process (but not the decision) was in error but you'd need some clear cut malpractice. I saw Charles Mynors speak at the AA conference last year and IIRC he mentioned that LPA's frequently get away with quite appalling housekeeping regarding serving Orders and that he was only aware of approx. ten such cases making it to the High Court - of that only two were found in favour of the claimant.

 

It appears similar in the appeals process, I had the consultant state that a large split limb would fail at any time, then go on to specify a reduction of the canopy and ignore the limb in question. I contacted the appeals department asking if the consultant thought a reduction would make the limb safe. He would not answer the question.

 

High Court isn't an option, the clients are elderly and finances aren't available. I do have a letter, appropriately date stamped by the Planning Department, proving that consent was being given when the officer knew the tree was not legally protected. I think I can use this as leverage to get the order revoked and re-served, which will give all parties a chance to object.

 

I'm annoyed that the authority have apparently deliberately misled my client in an apparent attempt to cover up their bad housekeeping.

[Amelanchier]

I do have a letter, appropriately date stamped by the Planning Department, proving that consent was being given when the officer knew the tree was not legally protected. I think I can use this as leverage to get the order revoked and re-served, which will give all parties a chance to object.

 

Good plan. Make a formal complaint to the council as well; that will typically be investigated by a different department. You might want to point out that the Local Government Ombudsman takes a dim view of maladministration (see LGO complaints 01/B/15370 and 06/B/16269).

 

You might also wonder if they would agree that the local rags would relish the "faceless bureaucrats mislead elderly couple" angle?