TPO Appeal - any advice very welcome

[TimberCutterDartmoor]

One of my customers who had a wilderness and now has a nicely structured wood following thinning and woodland management works to enhance quality timber and wildlife features, has had a TPO slapped on her entire estate by a either stupid / interfering / control freak / other unrepeatable words neighbour who has contacted the tree officer and the local district council applied the Order as of today. To our best knowledge, the officer has never viewed the wood but merely processed the order based on the complaint of the said disgruntled NIMBYist neighbour on the other side of the river. A hand delivered notice and other paperwork was presented to her nextdoor neighbour this morning - this is the first she'd heard of it. I understand that TPOs are regularly put on in a hurry and behind the scenes so that a potential transgressor might fell the lot before an order was placed. In this case the order most definately results from a knee jerk reaction by someone who knows little of woodland management and seemingly the Council Tree Officer has done what he's done.

 

Can anyone tell me - is there a clear appeal process and how effective is it likely to be? In effect myself and the client agree with tree preservation and promotion including in this case, additional planting.

 

Any ideas? Sincere thanks in advance...

[Tom D]

From what I know of this, appeals are difficult, however I'd just go along with it, getting shirty with the council would be a big mistake IMO. The blanket tpo is, like you say, an emergency measure and with a litle diplomacy can easily be overcome. What to do is prepare a detailed management plan for the woodland ( charge your client for this ) and submit it to the council. If you have made a good case they have no reason to refuse any reasonable request.

 

I have taken down several TPO'd trees over the last few years simply by making a good case for their removal. Often other tree firms have looked at the job and said "no we can't touch it" and walked away leaving me to clean up.

 

There is a lot of anti tree officer stuff on here, and TBH all the ones I deal with are fine. Maybe its different down south but I doubt it. Work with them and you'll be surprised how far you get.

[Graham]

How much of the estate is visible from publicly accessed areas?

 

Does seem a knee jerk reaction by an 'enthusiastic individual'.

[TimberCutterDartmoor]

How much of the estate is visible from publicly accessed areas?

 

Does seem a knee jerk reaction by an 'enthusiastic individual'.

 

There are zero public areas (assuming you mean public recreation areas?) that can view the property in question - only private dwellings... The only real view is a) from a distant road or b) from the estuary if on a boat!

Edited March 3, 2009 by TimberCutterDartmoor

[Stephen Blair]

it must be annoying when you are doing it properly already, but it can only benefit you to get a good rapport with the officer. he/she is just doing their job. arrange a meeting, then take it from there. It just means you have to ask before you can do anything.

[TimberCutterDartmoor]

it must be annoying when you are doing it properly already, but it can only benefit you to get a good rapport with the officer. he/she is just doing their job. arrange a meeting, then take it from there. It just means you have to ask before you can do anything.

 

Yes, the annoyance is more at the behaviour of the professional complainer over the river - you know the sort - got nothing better to do than try and run everyone else's lives. They get the 2 fingered salute from me TBH!

[Dean Lofthouse]

If the neighbours have got trees slap tpo's o theirs and if their house is old apply for listing status.

[scudmonster]

Is the tpo an area one. If so they must record what trees there are (no's and species). In the old days tree officers used to slap tpo's on and not need to quantify them. This should only happen in an emergercy and before the tpo is confirmed its to be scheduled.

Ask your client to speak to the tree officer and clarify as potentially your client could stick two fingers up and say Im never going to touch the trees again.

I suspect the issue could have been avoided by simply running by the tree officer what you were going to do and what you and the clients objectives were. Yeh yeh easy to say afterwards I hear you say but how is he/she supposed to know whats going on before the nimbys irrate phone call.

The Local authority may not choose to confirm the order in which case its no longer valid.

[gibbon]

Is it a woodland or an area TPO? If it is a woodland TPO your client should have been encouraged to ensure the woodland is under good management before the order was made. If it is a woodland TPO pm me and I can send you some more detailed info on how you can object.

[Stephen Blair]

If the neighbours have got trees slap tpo's o theirs and if their house is old apply for listing status.

 

apply for planning permission for a block of flats on their land as well:001_smile: