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TPO tree taken down with out consent


jimthedog
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The TO's won't take direct calls or emails, the council call centre couldn't clarify and said use public access website - also useless. What are you suppose to do??

 

That's appalling. Lodge a complaint with the Council over this and question the system they have in place. That's beyond absurd to have as standard protocol for TPO/S211 enquiries.

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In recent months a client and myself had an honest mistake working on a group TPO of trees.

 

Since then and because of the recent case, which is still open, i refused to remove a regular customers Pine tree as i wasn't 100% certain that it was ok.

Because the tree is close to the house and causing very large lumps in his drive, the client had applied for removal of the tree (conservation area) on two occasions over the last few years. Both times the council tried to put a TPO on the tree. Don't know what happened after the first attempt but was shown the letter after the second attempt which stated something along the lines of "due to a split decision by the planning committee it will not be progressing with the TPO".

My thinking is that no TPO but still covered but still covered by CA. I'm unsure so client will be getting someone else to do it.

The TO's won't take direct calls or emails, the council call centre couldn't clarify and said use public access website - also useless. What are you suppose to do??

 

As Jules said. But if the intention was to protect the tree and they failed to serve the TPO, the S11 notice has theoretically run its course and you should be entitled to remove it.

 

The only other point I can think of is the time limit. I'm not sure if PAs can give a time limit to do the works, as they do with TPO consents. I doubt they can, but would need to check.

 

Could you send an email to planning, stating that due to the expiry of the six week notice and in the absence of a TPO you intend to do the work.

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  • 1 month later...
In recent months a client and myself had an honest mistake working on a group TPO of trees.

 

Since then and because of the recent case, which is still open, i refused to remove a regular customers Pine tree as i wasn't 100% certain that it was ok.

Because the tree is close to the house and causing very large lumps in his drive, the client had applied for removal of the tree (conservation area) on two occasions over the last few years. Both times the council tried to put a TPO on the tree. Don't know what happened after the first attempt but was shown the letter after the second attempt which stated something along the lines of "due to a split decision by the planning committee it will not be progressing with the TPO".

My thinking is that no TPO but still covered but still covered by CA. I'm unsure so client will be getting someone else to do it.

The TO's won't take direct calls or emails, the council call centre couldn't clarify and said use public access website - also useless. What are you suppose to do??

 

 

The council can only either give consent or not they can't give consent with terms etc and they can't put a tpo on the tree to prevent the work as it's already covered by the conservation area so unless they have denied the work with a reason then you should be fine to do the work

Edited by dtms
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The council can only either give consent or not they can't give consent with terms etc and they can't put a tpo on the tree to prevent the work as it's already covered by the conservation area so unless they have denied the work with a reason then you should be fine to do the work

 

No, the council do not "give consent" for tree works in the CA and you are not making an "application", you are giving "notice" of the intended works.

 

If the councils are not happy with your intended works their only option is to put a TPO on the tree, meaning you must then make an application for the works.

 

Basically CA status means the council has the right to TPO any tree and you need to give them that option before carrying out any works.

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The council can only either give consent or not they can't give consent with terms etc and they can't put a tpo on the tree to prevent the work as it's already covered by the conservation area so unless they have denied the work with a reason then you should be fine to do the work

 

Skyhuck's right, the Council can very definitely TPO a tree in a Conservation Area when it gets a notice (not an 'application'), that is the entire purpose of notification so that the Cuncil can decide to TPO or not.

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"They where both on the way out with 1/2 the crown of each tree dead."

 

One way to avoid trouble is to look and see why some parts are dead. It may be inaccurate to judge the trees 'on the way out'. If you can't justify your decision to fell that is indeed cause for concern.

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Even if it were that the trees were ill, a five day notice supported by a consultants report may do the trick. As already said on here - lots of photos and of course check statutory constraints. May not have a TPO but don't forget a CA carries a similar fine or even a planning constraint or special protection maybe in force. Recent incident where a developer removed 2 trees in a CA because he 'forgot' to check - £13900 fine. Council will pursue in public interest as costs would all be placed on offender in a clear case as this. I hope that you have a understanding TO and god forbid you should be hung for this. Best option in my opinion is to go see the LPA and explain the error.

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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?

 

 

Any update on this Jim?? Did you go see LA or did you lay low??

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