TPO Question

[Tree:Tment]

Just to check i have done everything correctly.

 

Filled in application for tree removal.

Given the local Authority 8 weeks to respond from date of letter they sent me.

8 weeks have passed...can i proceed with tree removal.?

 

Just making sure i have taken correct steps.

 

thanks

[Ross Smith]

You should receive a letter granting permission for removal

I wouldn't touch the tree until you have the paperwork

 

 

Sent using Arbtalk Mobile App

[Tree:Tment]

Thanks Ross.

 

But don't the local authority haev 8 weeks to reply.? If they do not reply it is within the right if the tree owner to proceed with tree work?

[skyhuck]

With a TPO you are not giving the council 8 weeks to respond, you are submitting an application which they are supposed to deal with within 8 weeks, but there failure to hit the dead line in no way lessens the TPO.

 

I think you may be getting confused with a conservation area notification.

Edited November 22, 2013 by skyhuck

[Tree:Tment]

Hi Skyhuck,

 

I was under the Impression that then same rules applied for both.

 

Oh well. thanks for the feedback guys. Last thing i want to do is get hefty fine and bad business name.

[Paul Jenks]

CA means you write a notice of intent with a description of the works proposed and the LA has 6 weeks from the date of receipt to consent to the works, ask you to amend or place a TPO on the tree/s. If they fail to respond within that time, assuming you can prove you sent/they received the notice of intent, you can crack on.

TPO means there has to be a sound arboricultural reason for the works and the LA has 8 weeks to determine your application. If they take longer than 8 weeks you can take them to task about there inept paperwork procedures and tardiness. The tree remains protected and you will be liable for prosecution if you carry out works without tacit approval. Specified works have to be quite explicitly detailed and for felling they will generally insist on replanting.

[AA Teccie (Paul)]

Essentially

 

Conservation Area Notification (AKA 'Sect.211 notice') - 6 week expiry = deemed CONSENT (in effect) = proceed

(but 'best practice' recommends you 'inform' the LPA prior to proceeding if you've had no formal response / confirmation.)

 

Tree Preservation Order Application (AKA 'TPO app') - 8 weeks / 2 months expired = deemed REFUSAL = DO NOT proceed

('chase' LPA but you can appeal for none determination within the prescribed time if you wish...uncommon and usually be prepared to wait another couple of weeks(ish) BUT not indefinitely!)

 

Hope this helps.

 

Paul

 

PS If you are applying to remove the tree because of alleged safety issues / concerns you must now also provide a tree report evidencing / substantiating such.)

[skyhuck]

(but 'best practice' recommends you 'inform' the LPA prior to proceeding if you've had no formal response / confirmation.)

 

Is that "best practice" in the AA's opinion ?

 

Got to say its not something I would ever do.

 

If anyone is going to do it I would recommend they inform the client of there intetions.

 

If you went beyond the requirements of the legislation causing a tree to be protected, when sticking to the legislation would have allowed its removal, you may be liable for any material loss the client may incur by retention of the tree.

[Yorkshireman]

the timeframe is set & whether it is polite or not to check is perhaps a matter for the onward good rapport, between applicant & LA planners

 

so the timeframe is in place no ifs buts or maybes ,

 

However that is In so far as you can prove the date that the notification was sent / rec'd. you are as safe as houses, if you can't prove when the notice was sent/ rec'd then you cant wholly prove the clock started ticking , that' would be a circumstance where a simple implementation of works would be dangerous stance to take

 

my stance is that all notices 211 or otherwise are emailed with a read receipt required of the recipient & send to multiple recipients ,,especially if its a Planningadmin@ or Planningdept@ type address,,

 

The Planning portal does give the correct email address for the relevant planning authority & in so far as you use that email ,,the La cant argue it hasn't had sufficient time to deal with the notice or application.

 

Iain

Edited November 22, 2013 by Yorkshireman

[AA Teccie (Paul)]

Is that "best practice" in the AA's opinion ?

 

Got to say its not something I would ever do.

 

If anyone is going to do it I would recommend they inform the client of there intetions.

 

If you went beyond the requirements of the legislation causing a tree to be protected, when sticking to the legislation would have allowed its removal, you may be liable for any material loss the client may incur by retention of the tree.

 

Hi there,

 

Maybe it is 'over-egging' it a little. Certainly discussions previously with Peter Annett has suggested it to be 'best practice', or certainly very common place and 'deemed' to be so.

 

It is about managing relationships much of the time and the client may be a 'one off' and the TO an 'on-going' one.

 

Point taken about consulting with your clients though.

 

Cheers..

Paul