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Tpo conditions


treedave
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Anyone experienced the following situation?

Reduction on tpo tree has been approved (1-2m). The consent has been conditioned with giving a minimum of 7 days written notice to enable appropriate supervision.

I've no prob with the TO checking/ supervising my work, but where do I stand if my scheduling of the work doesn't suit them. Do I have to fit in with them (which if possible I will), or can I notify a date, carry out the operation and they can come along I'd they want to?

 

Cheers

 

 

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TPO conditions have the same weight as those applied to regular planning conditions. To that end, Circular 11/95 (thankfully not consigned to the DCLG bin yet) expects that that the condition be;

1. necessary;

2. relevant to planning;

3. relevant to the development to be permitted;

4. enforceable;

5. precise; and

6. reasonable in all other respects.

 

I would strongly doubt that requiring TO supervision meets tests 1 & 6. Having the TO supervise you is fruitless - he/she can't prevent you from implementing the spec as written in the consent even if they don't like where the cuts are going. On that basis why should you suffer the hassle of scheduling a pointless visit.

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In all my years I have never had a site visit from a TO under these circumstances. I believe most TO's like to be aware in advance when work is going to happen so they are in the know when the phone rings and complaints start.

 

I have worked on trees when you can almost guarantee some one is going to complain, some folk seem to do it just to stir a bit of trouble.

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I have worked on trees when you can almost guarantee some one is going to complain

 

Been there! Had a tpo site stopped by a planning officer (no TO in post!) whilst he checked our work. He had great fun in his slip on shoes climbing the stepped limestone embankment in the rain:lol:

 

This guy seems a bit different, wanted lengths of branches post reduction at first. Then quoted 3998:2010 as an argument against 3-4" pruning cuts, I wouldn't mind if there wasn't already a 8-10" topping wound (now decaying).

 

Thanks for the opinions / experience / advice, I'll send him a date with a 0800 start and let him know that it's a 2-3hr job, less if he wants to see more than tidy up!

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TPO conditions have the same weight as those applied to regular planning conditions. To that end, Circular 11/95 (thankfully not consigned to the DCLG bin yet) expects that that the condition be;

1. necessary;

2. relevant to planning;

3. relevant to the development to be permitted;

4. enforceable;

5. precise; and

6. reasonable in all other respects.

 

I would strongly doubt that requiring TO supervision meets tests 1 & 6. Having the TO supervise you is fruitless - he/she can't prevent you from implementing the spec as written in the consent even if they don't like where the cuts are going. On that basis why should you suffer the hassle of scheduling a pointless visit.

 

I agree and disagree with Tony completley LOL... thats an oxymorone i think.....

 

These sorts of conditions are, in the most part entirley spuriouse, and as cumbersome on the officer as they are on the contractor and client. and should be cosnsined to a dark cupboard except for very rare occasions. eg.

 

Neccessary... a prize tree, a new contractor whom the TO knows nothing... one could argue it is neccassary to ensure htat work is carried out in accordence with the aplication...

 

Cant stop you working, very true, but can causion you that in there opinion the work you are doing is outside the aplication and thus a breach of the consent.

 

Resnoble, well it would become unresnoble if they interfeared with your work expectations by not allowing dates...

 

An LA i worked for had this as a standard condition, when i cut it out of the consents and locked it away there was hell to pay but it really is not on as astandard condition.

 

However id be more worred if i were the poor guy having to write war and peice to get an aplication through, compared with that thread this is small fry.

 

PS how are you Tony all well up country, well east any way

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