TPO. Help quickly please

[Stereo]

I have to attend a meeting tonight and it seems that our authority may be dragging their heels on TPO's which have been applied for. Does anyone know if there is a mandatory time limit by which the tree officer has to respond if a TPO is applied for? We know it only takes well under an hour to fell a 300 year old oak. It seems here it can take many weeks for anyone to even notice a TPO application.

 

Any guidance or links would be greatly appreciated.

 

PS: before anyone asks, I'm all for woodland and forest management and good use of sustainable timber but this is a case where a developer 'might' be looking to lose some pretty mighty oaks for no good reason other than convenience.

[skyhuck]

No, they should deal with the application within 8 week, but if they don't there's little you can do, other than write to the SoS, but the TPO remains in place regardless.

[kevinjohnsonmbe]

Could you clarify a couple of points??

 

"..TPOs which have been applied for..."

 

Do you mean applications that have been submitted for consent to do works on a tree that is already subject to a TPO or that a TPO has been proposed to be enacted on a tree (s)??

 

"...mandatory time limit..."

 

Again, may depend on the answer to the question above.

 

"...many weeks for anyone to even notice a TPO application. ..."

 

Who do you mean here? The landowner, the public or the planning department?

 

It's difficult to work out from the "PS" if you are in favour, against or maybe even doing the work if approved.

 

I don't suppose that's much help other than in seeking to clarify the question before considering trying to offer an opinion.....

 

Eeeeeks!

[Stereo]

Could you clarify a couple of points??

 

"..TPOs which have been applied for..."

 

Do you mean applications that have been submitted for consent to do works on a tree that is already subject to a TPO or that a TPO has been proposed to be enacted on a tree (s)??

 

"...mandatory time limit..."

 

Again, may depend on the answer to the question above.

 

"...many weeks for anyone to even notice a TPO application. ..."

 

Who do you mean here? The landowner, the public or the planning department?

 

It's difficult to work out from the "PS" if you are in favour, against or maybe even doing the work if approved.

 

I don't suppose that's much help other than in seeking to clarify the question before considering trying to offer an opinion.....

 

Eeeeeks!

 

A member of the public (not me) has applied for a TPO on some oak trees on a green lane where there is a nearby planning application which may make them 'inconvenient'. There is no sign that the applicant wishes to fell the trees at this point. I don't actually think he will to be honest.

 

I always thought that the authority had to be out in 12 hours or something once a TPO was applied for? Not sure where I got that from. We have had cases in our parish where whole areas have been felled and a TPO placed on the stumps (oak, beech, syc, ash etc. )! Too late in terms of the original tree although protects the regrowth which to be honest is never going to be as spectacular and more suited for continuous coppicing etc. .

 

We had a recent planning application where a very old and very notable oak was not on the finished plan. It is still there and a TPO has been applied for by the Parish Council but it seems nothing is in place to stop anyone felling the tree tomorrow.

 

Finally, the PS was really just to say that I'm a country lad and appreciate that to get timber products, trees have to be felled and if it's sustainable, that is a very good thing. Didn't want to come across as a....not sure what. I coppice trees on my own land for fuel with wildlife and conservation in mind and have building related plans for some of the bigger SC, Syc and Oak, with a replanting program to match. Just didn't want to sound like a nimby townie.

[nepia]

If you need ammunition to support your assertion that TPO applications should be dealt with diligently this case history may assist

Green Belt Fields - Oxted and Limpsfield Residents

[kevinjohnsonmbe]

Are you certain that a request for consideration of making a TPO has actually been submitted to local authority?

 

There ought to be processes in place to facilitate a fairly swift provisional order if appropriate so it may be that nobody has formally requested a TPO assessment.

 

A call to planning dept should clarify that.

[skyhuck]

I was removing 2 HC's few weeks back, the locals were less than happy, before the end of the second day there was a TPO on a neighbouring Elm.

[Chris at eden]

If you have detailed plans that have been approved that show the tree removed or even not on the plans there is no point putting a TPO on the tree, you could never enforce it.

 

The developer has essentially been given consent to fell when the plan was approved. You should ideally show trees on plans and mark the RPA with a dashed outline if its to be felled. Continuous outline to retain. Not showing on the plan would be a grey area and you can't have grey areas in criminal prosecutions. You have to prove guilt beyond reasonable doubt.

 

To make the case worse, the developer would only have to show that a consent to fell was in place on the balance of probabilities. That is essentially a 51% chance they have consent. What would you say not showing a tree on a proposed layout plan indicates?

 

Its a fairly common trick I came across when working as TPO officer. Sneaky.

[Stereo]

If you have detailed plans that have been approved that show the tree removed or even not on the plans there is no point putting a TPO on the tree, you could never enforce it.

 

The developer has essentially been given consent to fell when the plan was approved. You should ideally show trees on plans and mark the RPA with a dashed outline if its to be felled. Continuous outline to retain. Not showing on the plan would be a grey area and you can't have grey areas in criminal prosecutions. You have to prove guilt beyond reasonable doubt.

 

To make the case worse, the developer would only have to show that a consent to fell was in place on the balance of probabilities. That is essentially a 51% chance they have consent. What would you say not showing a tree on a proposed layout plan indicates?

 

Its a fairly common trick I came across when working as TPO officer. Sneaky.

 

Consent has not been given yet. I'll have to look at the plans to see if the trees are there. I've spoken to our district councilor tonight who says it's in hand but I doubt that stops them being felled tomorrow. It may end up being a condition of the plan but still they can fall over anytime between now and then.

 

I repeat that I don't think the farmer has any intention to fell them but I don't know for sure and have the residents asking me questions.

 

Might be time to give him a call tomorrow and sort it out sensibly. Put some minds at rest. I'll take his word if he gives it.