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TPO application over kill


haljam
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Tree officer from the council has given me a verbal assurance they will give the OK to fell a tree in clients TPO'd woodland - in fact they recommend that, but the client only wants a reduction / re-shaping. The tree is not dangerous, just a bit manky and in the wrong place. I intend to only do the reduction that the Client wants. On the TPO application is it best to apply for the work I intend to do, or to apply for felling, so that if client changes their mind in the next 2 yrs we can take it out without more paper work.

In other words, do you have to do the work as specified on the application, or can you do less?

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OK Thanks for that, but thinking about it, in the extreme you can "over kill" with an application. You can apply to fell a tree, get the application granted then the client changes their mind and decides to keep the tree. You are not under an obligation to carry out the work, just because you have submitted an application.(providing its not dangerous)

Cheers

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Tree officer from the council has given me a verbal assurance they will give the OK to fell a tree in clients TPO'd woodland - in fact they recommend that, but the client only wants a reduction / re-shaping. The tree is not dangerous, just a bit manky and in the wrong place. I intend to only do the reduction that the Client wants. On the TPO application is it best to apply for the work I intend to do, or to apply for felling, so that if client changes their mind in the next 2 yrs we can take it out without more paper work.

 

In other words, do you have to do the work as specified on the application, or can you do less?

 

 

Definitely just apply for the works you intend to do.

 

The T/O should only grant or refuse consent, they shouldn't suggest alternative works - with the exception of imposing conditions of consent, but even then those should be based on the works you applied for.

 

For example, if you apply for an all over 30% reduction, they can come back with a condition that you only reduce half of the crown in order to restore shape and re-balance the crown or whatever.

 

Similarly if you apply to fell, they can of course impose the condition that you re-plant.

 

Sent from my BlackBerry 9700 using Tapatalk

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Thanks for the replies. I will make the application just for what the client wants, not for what the T/O has agreed she will pass.

My point was if I apply for say a 30% reduction, and that is granted, does it mean I can do any reduction I want upto a maximum of 30%.

cheers

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Thanks for the replies. I will make the application just for what the client wants, not for what the T/O has agreed she will pass.

My point was if I apply for say a 30% reduction, and that is granted, does it mean I can do any reduction I want upto a maximum of 30%.

cheers

 

No!

 

As has been said, the Council might approve removal because they think they will get a replacement planted. But they might not agree to a reduction. The only way officially to cover yourself is to put in 2 applications simultaneously. One to remove (and replant, or let the Council make that a condition of consent), one to reduce. If you explain verbally to the TO that client hasn't made mind up yet I'm sure he'll be OK about it. Officially the Council can't reject either application.

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I am going the other way with this, divorce the tree element (a lot of "arbs" have trouble with this) and this is just a planning application.

 

Once it is granted you can do as much or as little as you want, plenty of unfinished builds out there. Once work has started the planning is good for several years (citation?)

 

A reduction is just an unfinished felling, or a retention as wildlife habitat, you can always finish it later.

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I am going the other way with this, divorce the tree element (a lot of "arbs" have trouble with this) and this is just a planning application.

 

Once it is granted you can do as much or as little as you want, plenty of unfinished builds out there. Once work has started the planning is good for several years (citation?)

 

A reduction is just an unfinished felling, or a retention as wildlife habitat, you can always finish it later.

 

Totally agree with this.

 

IMO, if consent to fell is given the TPO is removed and place on the replacement tree. So now you can do as you wish with the one with consent for fell.

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Totally agree with this.

 

IMO, if consent to fell is given the TPO is removed and place on the replacement tree. So now you can do as you wish with the one with consent for fell.

 

But does a replacement tree have to be provided if the original tree isn't removed.

 

The condition, as I see it, is that to remove the tree a replacement has to be provided. If the tree is only partly removed, until it is totally removed there would be no replacement requirement.

 

What the condition is saying, is that you can fell as long as you replace, not that you can part fell and plant a new protected tree. On the other hand, the statutory protection has been removed, so theoretically it has the same status as any other un-protected tree. hat happens after two years? The tree hasn't been removed, as per the consent, so it must acquire protection again.

 

I think I'm confusing myself now:confused1:

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I am going the other way with this, divorce the tree element (a lot of "arbs" have trouble with this) and this is just a planning application.

 

Once it is granted you can do as much or as little as you want, plenty of unfinished builds out there. Once work has started the planning is good for several years (citation?)

 

A reduction is just an unfinished felling, or a retention as wildlife habitat, you can always finish it later.

 

I appreciate the attempt at clarity of purpose that you are attempting to advance. Would that it were that simple. A TPO consent and a planning consent are not in law the same thing and a partially implemented TPO consent is not the same thing as a parially implemented planning consent. Have a look nto "citation?" and you will find out what I mean.

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