Help Re TPO

[isdesigns]

Hello,

I have previously posted regarding a TPO which my council are attempting to impose on a copper beech in my garden.

The TPO is nothing to do with the tree. It's purpose is to prevent a planning application for a property on the land.

The TPO notice was served on 10th February of this year and stated that I could raise any objections within 28 days which I did.

The letter went on to say "after which time we will decide whether to make the order permanent"

I heard nothing from them until the other day (26th August).

"In February of this year the council served the above Tree Preservation order,however due to time constraints this lapsed on 10th August and it has become necessary for the order to be served again."

The letter quoted the same reference number as the original order.

I was not advised of the six month window, and was wondering if I am now legally free to remove the tree due to the councils delay in making the TPO permanent.

 

Any help would be greatly appreicated

[daltontrees]

I remember it. At the time you did not follow up your initial posting. Personally I would need a little encouragement to spend more time on this.

[isdesigns]

I remember it. At the time you did not follow up your initial posting. Personally I would need a little encouragement to spend more time on this.

 

Hello,

 

Thanks for your response.

 

I am not sure what you mean by "encouragement", and do not know where else to go for help regarding this matter.

 

Do you need some more information?

[armybloke]

I am afraid that if the notice has been served on a Regulation 3 Notice once more with an opportunity to object within the 28 days then the TPO is live and you should not remove the tree.

 

A Section 201 direction secures the protection of the tree for up to six months from the date of making the TPO. Regardless of their failure to make their decision within the six months this does not prevent them from confirming the TPO afterwards. The original TPO will lose its protective status but it sounds like they have realised this and therefore re-set the six months once again.

 

The LPA only need make a fresh TPO if they consider that the landownership has changed otherwise all previous documentation and referencing can remain in place.

 

The tree is being protected for a number of reasons I should imagine. Amenity value, arboricultural importance etc (Copper Beech make a notable tree and would score well if in good condition). If you have good cause not to want to retain it you must prove it.

 

By the way why do you not want it?

 

I was a Tree Officer in a previous job so hopefully things have not changed too much and my advice is no longer valid?

[daltontrees]

Hello,

 

Thanks for your response.

 

I am not sure what you mean by "encouragement", and do not know where else to go for help regarding this matter.

 

Do you need some more information?

 

I just meant last time you got lots of useful advce from lots of people but didn't even acknowledge it.

[isdesigns]

I just meant last time you got lots of useful advce from lots of people but didn't even acknowledge it.

 

I did read all the responses, and thought I had posted a thank you note, but obviously not.

 

My omission, sorry.

[isdesigns]

I am afraid that if the notice has been served on a Regulation 3 Notice once more with an opportunity to object within the 28 days then the TPO is live and you should not remove the tree.

 

A Section 201 direction secures the protection of the tree for up to six months from the date of making the TPO. Regardless of their failure to make their decision within the six months this does not prevent them from confirming the TPO afterwards. The original TPO will lose its protective status but it sounds like they have realised this and therefore re-set the six months once again.

 

The LPA only need make a fresh TPO if they consider that the landownership has changed otherwise all previous documentation and referencing can remain in place.

 

The tree is being protected for a number of reasons I should imagine. Amenity value, arboricultural importance etc (Copper Beech make a notable tree and would score well if in good condition). If you have good cause not to want to retain it you must prove it.

 

By the way why do you not want it?

 

I was a Tree Officer in a previous job so hopefully things have not changed too much and my advice is no longer valid?

 

Thanks for the advise.

That's how I read it, but wanted confirmation.

 

The tree (apprx 40 years old) is on the boundary with my neighbour, who would also like to see the tree down as it is very close to her property. The canopy is overhanging the corner of her house.

She has sent an objection to the TPO previously, but has not received any acknowledgement to her letter.

The tree is currently lifting my neighbours concrete drive and my understanding is that although I cannot fell the tree I am still liable for any damage that the tree may cause. This seems very unfair.

I have another beech of a similar age on the boundary with the road, but have received no TPO for this, so it makes me all the more convinced that the TPO is motivated by a desire to frustrate any future planning application rather than to protect one copper beech amongst many other trees along the road, none of which have TPO's.

Once the TPO is confirmed by the council, do I have any right of appeal?

If the TPO expires again, can I legally fell the tree?

[AA Teccie (Paul)]

Thanks for the advise.

That's how I read it, but wanted confirmation.

 

The tree (apprx 40 years old) is on the boundary with my neighbour, who would also like to see the tree down as it is very close to her property. The canopy is overhanging the corner of her house.

She has sent an objection to the TPO previously, but has not received any acknowledgement to her letter.

The tree is currently lifting my neighbours concrete drive and my understanding is that although I cannot fell the tree I am still liable for any damage that the tree may cause. This seems very unfair.

I have another beech of a similar age on the boundary with the road, but have received no TPO for this, so it makes me all the more convinced that the TPO is motivated by a desire to frustrate any future planning application rather than to protect one copper beech amongst many other trees along the road, none of which have TPO's.

Once the TPO is confirmed by the council, do I have any right of appeal?

If the TPO expires again, can I legally fell the tree?

 

Given the complexity of the situation here, and the potential financial penalty for "getting it wrong", I would strongly recommend you engage a suitably qualified and competent arboriculturist to advise you, i.e. an arbor. consultant.

 

There are several on forum here, so give them a shout, but should you so wish there is a list here too Directory of Arboricultural Association Registered Consultants

 

Regards, and good luck,

Paul

[Adam M]

Thanks for the advise.

That's how I read it, but wanted confirmation.

 

The tree (apprx 40 years old) is on the boundary with my neighbour, who would also like to see the tree down as it is very close to her property. The canopy is overhanging the corner of her house.

She has sent an objection to the TPO previously, but has not received any acknowledgement to her letter.

The tree is currently lifting my neighbours concrete drive and my understanding is that although I cannot fell the tree I am still liable for any damage that the tree may cause. This seems very unfair.

I have another beech of a similar age on the boundary with the road, but have received no TPO for this, so it makes me all the more convinced that the TPO is motivated by a desire to frustrate any future planning application rather than to protect one copper beech amongst many other trees along the road, none of which have TPO's.

Once the TPO is confirmed by the council, do I have any right of appeal?

If the TPO expires again, can I legally fell the tree?

 

Perhaps the other trees wouldn't be a restraint on the proposed development, therefore it would not be expedient to make the TPO. While trees will often be pro-actively protected, others will not pop up on the LPA's radar until planning applications are made or work gets carried out on other nearby trees (resulting in manic calls to the council from concerned members of the public).

[isdesigns]

Given the complexity of the situation here, and the potential financial penalty for "getting it wrong", I would strongly recommend you engage a suitably qualified and competent arboriculturist to advise you, i.e. an arbor. consultant.

 

There are several on forum here, so give them a shout, but should you so wish there is a list here too Directory of Arboricultural Association Registered Consultants

 

Regards, and good luck,

Paul

 

Thanks Paul,

 

I have made contact with one on the list closest to me, and we will see what he recommends

 

Ian