TPO tree taken down with out consent

[leswold]

Interesting post to which I hope theres a happy ending. We do the TPO checks by phone for every job but get their name as it can usually be done here by any qualified council staff. If we waited for an email reply we'd still be waiting. If its a rush/weekend job I'd like to wait til Monday but did once have to rely on a note signed by the householder stating he'd checked altho' I don't know if that'd satisfy a TPO bent on a prosecution.

[bolthole]

I was lied to once. Came clean both hands up,a good outcome.

I now check every single time. It is YOUR neck, wallet and reputation

that will be hit.

 

Derek

 

My landlord is always nagging me to take down this multi-stemmed holly up the side of the house. Every time, I tell him we're in a conservation area and a planning application needs to go in. He always maintains that he's done this, but I know full well he hasn't. This has been going on for three or four years now, so even if he had done one before we moved in, it's long expired.

 

People don't care - they think they can get away with murder. Always check yourself. If it were me, I'd front up to the tree officer. I'm sure he's dealt with this kind of scenario before...

[Marc Lewis]

Hi

 

A few weeks ago I was asked to quote to remove 2 cherry trees in a front garden. The lady about 65 years old said that she had checked and they where not protected not thinking that she would have me over I didn't think to check for myself. It turns out that they where protected. The council now know that they have been taken down. What is the likely out come?

 

I would explain what has happened to the tree officer and that you have been a little foolish to trust your client and lesson learned etc etc. If this is your first offence of this nature, I'm sure they will just caution you. Good luck. If it were a veteran oak in a prominent position I imagine that the outcome maybe somewhat different.

[skyhuck]

Whats this "caution" people keep speaking of????

 

Are TO's now police officers?? does it count as conviction as in the case of a police caution??

 

I would image its more a case of a warning letter, which states that they believe you have committed an offence and they are not on this occasion going to attempt to prosecute, but any further offence would be pursued, in which case its nothing like a "caution".

[nepia]

We do the TPO checks by phone for every job but get their name as it can usually be done here by any qualified council staff. If we waited for an email reply we'd still be waiting.

 

Good luck if you work up this way: one nearby London borough will only do the checks via e-mail, though they are quick in response, usually the same day but at least the next. Another London Borough recently didn't reply to their own website proforma, an e-mail to Planning or one direct to the TO's own .gov.uk e-mail address.

[michaelknapp]

i was doing a job for someone recently and checked whether it had a tree preservation order or was in a conservation area

i was surprised because although it did not have any of those two because the houses were relatively new build they had a clause in the planning that said any work carried out to the trees in the first 5 years after the houses were built i had to get approval from the tree officer this was in buckinghamshire after the 5 years was up we could do what we wanted have you come across this before?

[skyhuck]

i was doing a job for someone recently and checked whether it had a tree preservation order or was in a conservation area

i was surprised because although it did not have any of those two because the houses were relatively new build they had a clause in the planning that said any work carried out to the trees in the first 5 years after the houses were built i had to get approval from the tree officer this was in buckinghamshire after the 5 years was up we could do what we wanted have you come across this before?

 

Planing conditions are pretty common.

[hamdogg]

Sit back and wait! They may never pursue it!!

[bumble B]

Responses so far, some funny and brutally honest in an unfortunate set of circumstances, some that reflect the current shortfalls in local government funding, some brutally pessimistic.

 

There but for the grace of God!

 

What are your options?

 

(A) Come clean, talk to TO, explain that you'd been given to believe there was no TPO, say you'd been misled, describe as best as possible the decline in the tree, maybe even offer to undertake replanting at no charge it customer supplies stock. (May just show some willingness to make a mends and acknowledge your error??)

 

(B ) Adopt a low profile and await the outcome.

 

If it were me I'd try and take the forward approach.

 

Good luck, be interesting to hear how it goes.

 

I wonder if the TO is reading this thread?? That could bite you in the backside if it goes pear shaped.

 

Agreed regarding forward approach. If they already know don't wait for them to come to you, get down the Council face to face in private and explain your oversight. If no one is there leave your card and don't turn up in your work gear.

 

If TO is reading this hopefully he read the the bit about the trees condition.

[Philmypower]

I feel for you buddy, hope you get a good outcome.