TPO tree taken down with out consent

[Chris at eden]

Hi Jules

 

I'm confused

 

But The Legal Aid and Punishment Regs 2015 amend the TCPA 1990.

 

The Legal Aid and Punishment Regs 2015 Schedule 4 Part 1

Town and Country Planning Act 1990 (c.8)

18.—(1) The Town and Country Planning Act 1990 is amended as follows.

18(5) In section 210 (penalties for non-compliance with tree preservation regulations)(f), in subsection (2), for the words following “liable” substitute “on summary conviction, or on conviction on indictment, to a fine”.

 

Now the thing that strikes me here is that only TCPA s210(2),that is destruction, is amended. TCPA s210(4), damage, isn't. So the fine for damage remains at £2,500

 

Ok to summarise. On summary conviction the fine for the destruction of a protected tree, previously £20,000, is now unlimited, (it always was on indictment). On summary conviction the fine for damaging a tree remains at £2,500

 

I think.

 

Ed

 

 

Hi Ed,

 

That would be my interpretation also. Regulation 96 of Schedule 4 also omits subsection (6) (a) from section 23 of the Planning and Compensation Act 1991 which again makes reference to the max £20k fine so this seems to support this.

 

I thought I understood this until I read the comments from Jules, now I'm a bit confused. I've emailed a solicitor colleague of mine for clarification but he's away this week. I'll let you know what he comes back with.

 

Cheers,

[Chris at eden]

Is this a recent change? I seem to recall reading something recently on UKTC about some changes but I forget :

 

March this year mate.

[Jon Heuch]

I thought I understood this until I read the comments from Jules, now I'm a bit confused.

 

Ha bloody ha!

 

Yes it's possible to go around in circles on this....one Act changes another and then further changes to both Acts....I thought that was what the legislation.gov.uk website was all about....but it is never up to date.

 

As for Schedule 8 of the Planning Act 2008.....I end up in a heap every time I try to disentangle it.

 

Jon

[Gary Prentice]

March this year mate.

 

I am trying to keep up, honest:confused1:

[daltontrees]

Sorry, I misunderstood. The Regulations can't change primary legislation but I didn't appreciate that the Legal Aid, Sentencing and Punishment of Offenders Act 2012 gave the Sec of State powers to change any Act that specifies fines. This has not shown up on the Legislation website yet. Which is quite worrying. Ignorance of the law is not a defence, but how is a member of society to know where he stands?

 

The 1990 Act seems now the be as follows -

 

"210 Penalties for non-compliance with tree preservation order.

(1) If any person, in contravention of a tree preservation order—

(a) cuts down, uproots or wilfully destroys a tree, or

(b) wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it,

he shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction, or on conviction on indictment, to a fine.

(3) In determining the amount of any fine to be imposed on a person convicted of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(4) If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale."

 

Apologies again for confusion.

[daltontrees]

The Legislation website does not even have the Regulations as enacted, just the draft undated version. I cannot find any published dated version, stating when the Regulations come into effect.

[daltontrees]

And none of this mayhem applies to Scotland. I can't stand even looking to see the situation for Northern Ireland.

[DanVC]

Offer mitigation via a meeting with the Councils enforcement officer and allow species selection from the TO. Always contact the TO before carrying out any work and beware of innocent looking old ladies.

[john k]

The 1990 Act seems now the be as follows...

 

That's how I read it too. I wasn't aware of the new legislation either - the TCPA hasn't been updated on legislation.gov.uk or on planningportal.gov.uk

 

The Legislation website does not even have the Regulations as enacted, just the draft undated version. I cannot find any published dated version, stating when the Regulations come into effect.

 

It appears to have come into force on 11 March:

 

http://www.legislation.gov.uk/uksi/2015/664/introduction/made

[Jon Heuch]

The 1990 Act seems now the be as follows -

 

"210 Penalties for non-compliance with tree preservation order.

(1) If any person, in contravention of a tree preservation order—

(a) cuts down, uproots or wilfully destroys a tree, or

(b) wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it,

he shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction, or on conviction on indictment, to a fine.

(3) In determining the amount of any fine to be imposed on a person convicted of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(4) If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale."

 

Almost right but:

 

i) the three references to "tree preservation order" need to change to "tree preservation regulations" .....that change is buried in the Planning Act 2008 s13. I have picked up two of the changes but haven't recorded where the third one comes from. However, it makes sense for both to change as there is now nothing in a TPO to comply with - everything has moved to the regulations.

 

ii) You need to add s210(1)c "causes or permits the carrying our of any of the activities in paragraph (a) or (b)" see Planning Act 2008 s13 (2)©

 

As for S210(2)(b) I don't have a record of this being deleted. However, reading the revised (2) there is no point in retaining (2)(b).

 

Isn't life fun!

 

Jon