TPO and law

[Babs]

I have read recently that 'the government's own advice is that a TPO should not be placed on a tree that is not visible in its entirety from a public space' and 'in general trees that are in rear gardens should not be protected.'

 

Can anyone confirm or deny this for me please?

[Alinicoll]

The criteria is for amenity value so it should be publicly visible but it doesn't have to be in its entirety. The TEMPO system is normally used to identify if a TPO is defensible or not.

[APC]

http://www.flac.uk.com/wp-content/uploads/2009/12/TEMPO-GN.pdf

 

read that innit

[458 Lott]

Will be assessed via comments from so called public

Government guidance means nothing they can apply a tpo its their job

You challenge it via a high court challenge lots of paperwork lots of ag lots of money

Better off cutting or pruning it hard then let them chase u and u argue it could not be seen from a public place

Shoot straight stay alive

[oslac]

Will be assessed via comments from so called public

Government guidance means nothing they can apply a tpo its their job

You challenge it via a high court challenge lots of paperwork lots of ag lots of money

Better off cutting or pruning it hard then let them chase u and u argue it could not be seen from a public place

Shoot straight stay alive

 

Or you could employ a decent arb consultant to give you sound advice and if required to object on your behalf . . .

Edited May 13, 2013 by oslac

[Alinicoll]

I have read recently that 'the government's own advice is that a TPO should not be placed on a tree that is not visible in its entirety from a public space' and 'in general trees that are in rear gardens should not be protected.'

 

Can anyone confirm or deny this for me please?

 

Is this regarding a specific TPO or a general question?

[Amelanchier]

I have read recently that 'the government's own advice is that a TPO should not be placed on a tree that is not visible in its entirety from a public space' and 'in general trees that are in rear gardens should not be protected.'

 

Can anyone confirm or deny this for me please?

 

Deny. That is not the guidance.

[oslac]

You can serve a TPO if it is expedient in the interests of amenity to do so. If served for the interests of amenity the tree should be visible from a public place or more likely that it should not be barely visible from a public place. It doesn't matter if the tree is growing in a front or rear garden and I have known TPO's to be served because the trees were visible from across a valley nearly a mile away.

[458 Lott]

It don't matter how good your arb consult is my friend

Please understand this the l p a can apply a t p o whenever ,they are allowed to come to a different opinion than u any one else and every one else if needs be

Tried high court challenges tried judicial review tried ombudsman

 

Shoot straight stay alive

[oslac]

It don't matter how good your arb consult is my friend

Please understand this the l p a can apply a t p o whenever ,they are allowed to come to a different opinion than u any one else and every one else if needs be

Tried high court challenges tried judicial review tried ombudsman

 

Shoot straight stay alive

 

Perhaps then, there was a valid reason for serving the TPO which was identified and supported by the High Court, judicial reviewer and the Ombudsman.. . .