The Comedy Of Errors

[Gary Prentice]

The order can be made and confirmed even if no owner can be found.

 

I'm sure you're right Andy, my blue books at work so I'll refresh my memory tomorrow. Do you think the order is valid as it stands today though?

[Gary Prentice]

Isn't there legislation down there (some name like Local Government Miscellaneous Provisions Act) that lets a Council go in and work on nuisance trees?

 

There is, but the tree's only a nuisance cos it's lifting the fence. They wouldn't get involved. Plannings cocked up in the wording " remove offending roots" rather gives the client cart Blanche to set to with his act. Although there is the normal condition of works in compliance to BS3998. Doubt if he has a copy of that as bed time reading.

[treequip]

An order is considered served on persons unknown if it is posted on the land affected by the order

 

The authority clearly intended to protect the tree, the neighbour would have been served as part of the process of serving persons unknown so there is little practical difference.

 

A good barrister would have a decent chance of getting you off but you won’t like the bill.

 

 

Either way all the LA needs do is make another order.

[skyhuck]

If a TPO is a "charge on the land" how can it be made without a land owner on whom to serve the charge??

[treequip]

If a TPO is a "charge on the land" how can it be made without a land owner on whom to serve the charge??

 

By entering it in the land charges register

[Gary Prentice]

An order is considered served on persons unknown if it is posted on the land affected by the order

 

The authority clearly intended to protect the tree, the neighbour would have been served as part of the process of serving persons unknown so there is little practical difference.

 

A good barrister would have a decent chance of getting you off but you won’t like the bill.

 

 

Either way all the LA needs do is make another order.

 

Planning served the neighbour, our client, as the owner of the land. In the belief that he had purchased the land from themselves. They seem to think the order is invalid, in that it wasn't served correctly. I'm meeting planning & the TO thursday on a number of other sites, so I'll suggest they re-issue it.

[daltontrees]

Aaahhh..?!!?

SO the situation is the same as if there was a traceable owner who had said "you can't touch my tree, ever", is it not? The TPO seems to be a side issue, a statutory prevention (if and when it is validated) to sit alongside the ownership prevention.

[treequip]

Aaahhh..?!!?

SO the situation is the same as if there was a traceable owner who had said "you can't touch my tree, ever", is it not? The TPO seems to be a side issue, a statutory prevention (if and when it is validated) to sit alongside the ownership prevention.

 

Well the owner can’t say that can they, anything that trespasses (TPO notwithstanding) is fair game.

[Jesse]

PROCEDURE WHEN THE TPO IS MADE.

3.21 Under regulation 3 of the 1999 Regulations, the LPA must, on making a TPO serve the owner and occupier of the land affected by the TPO:

(1) A copy of the TPO, and,

(2) A notice (regulation 3 notice) stating:

(i) the LPA's reasons for making the TPO,

(ii) that objections or other representations about any of the trees or woodlands specified in the TPO may be made to the LPA,

(iii) the date , being at least 28 days after the date of the regulation 3 notice, by which any such objections or representations must be received by the LPA, and

(iv) the effect of the section 201 direction if one has been included in the TPO.

[Jesse]

PROCEDURE WHEN THE TPO IS MADE.

3.21 Under regulation 3 of the 1999 Regulations, the LPA must, on making a TPO serve the owner and occupier of the land affected by the TPO:

(1) A copy of the TPO, and,

(2) A notice (regulation 3 notice) stating:

(i) the LPA's reasons for making the TPO,

(ii) that objections or other representations about any of the trees or woodlands specified in the TPO may be made to the LPA,

(iii) the date , being at least 28 days after the date of the regulation 3 notice, by which any such objections or representations must be received by the LPA, and

(iv) the effect of the section 201 direction if one has been included in the TPO.

 

It does bring into question as to if the order has ever been confirmed ?