TPO Appeal - any advice very welcome

[Will Hinchliffe]

Im not an expert but im going to have a stab at giving some advice

 

Sounds like a woodland TPO.

 

I think you can appeal if you feel there was maladministration in the placement of the TPO.

 

Is it an emergency TPO? has it been confirmed ?

 

If you can get the owner to enter into forestry commission woodland grant scheme the council shouldn't contest any works carried out under the scheme. If you get a felling licence from the FC for work in the woodland this over rides the TPO.

 

Otherwise you just need to apply for consent for any works the owner wishes to carry out. It is worth noting that all trees and new saplings will be covered by the woodland TPO.

 

 

 

Best to have a civil discussion with the tree officer, they may remove the TPO if the owner enters into a woodland grant scheme.

 

Also best not to take my word for anything as I am not really qualified to give advice on this sort of thing.

[TimberCutterDartmoor]

Not sure which classification of TPO it is but it certainly covers any tree within the overall property boundary. It was served today 03/03/09. Thank you all a great deal thus far...

[Amelanchier]

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...

 

First things first. The TPO doesn't mean that you can't undertake normal woodland management so you should do two things (assuming you are in a position to get paid for your services!)

 

1. As Gibbon mentions above: Put together a management plan for the next 20 - 30 years. This will need to be fairly detailed for the first 5-10 i.e., thin compartment 5 by 20% blah blah blah

 

2. Object in writing to the LPA within 28 days including a request to see the amenity assessment that the LPA did before serving the Order.

 

3. Have a chat with the Tree Officer - now that you've objected he is obligated to try and resolve your objection. Discuss the management plan ask if he'd like you to make an application based on it.

 

 

This should demonstrate that your client undertakes normal rountine management and that the trees are not under any kind of threat.

 

I have to say though - the only real arguement against a TPO is that the tree's amenity value doesn't merit inclusion.

Edited March 3, 2009 by Amelanchier
I'm useless before a beer.

[scudmonster]

I suspect its an area tpo so reclassification will be necessary. Ask your client to go to the tree officer with a management plan, the tree officer might look favourably or get forestry commission woodland grant scheme in place. Do not under any circumstances fight it. The local authority will win.

I know from experience in past as a tree officer.

[Gavin]

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.

 

had a emergency tpo slapped on a beech as we were 1/4 of the way through its take down due to a hitler of a neighbour