TPO tree taken down with out consent

[Chris at eden]

It is a caution, and it's nothing to do with the TO but the enforcement team, basically you sigh an official council letter "the caution" and if you cock up again they take you too court. Begging with the TO won't do alot of good as it's in the hands of the enforcement team.

 

I know as I came v close to getting shafted by a lieing client!

 

Not always. It depends who has the delegated powers. If the TO just does planning they will probably enforce TPO's or at least put the case together. In reality legal will enforce but the head of service over planning will give the go ahead.

 

I know this as I have ten years experience working as TO, five of which were doing TPO's. The TO will be the first point of contact so no don't beg, but be nice would be my advice. TO's are just people, some are cool, others not so. I didn't get off on the power, in fact I didn't like it but I'm pretty sure some do but then others don't.

 

Another point that's been kicking around is who do they prosecute. Whoever they feel is most appropriate, there is no fixed way. I've seen tree owner, contractor, registered charity and even the climber being the one to get done. Sorry IC, the last bit was not to do with your post but thought I'd chip in.

 

Don't rely on councils not having the money either. They will have a team of legal experts who will know if they are likely to win. If they win it don't cost them anything so they won't be scared to take on a slam dunk.

[kevinjohnsonmbe]

This 'caution' thing is an interesting development. Would it be accurate to say the person being 'offered' the caution has to agree to accepting it?

 

Also, the planning conditions on a development - if a development (single house or multiple) gains consent and is built / altered but planning conditions are applied to the trees / gardens / landscape etc, who would be liable if they were breached - householder or the person doing the tree / garden / landscape work? It's easy enough to check for TPO / CA, it starts to get a bit admin heavy if the arb has to check planning history and conditions as well?

[Ian C]

This 'caution' thing is an interesting development. Would it be accurate to say the person being 'offered' the caution has to agree to accepting it?

 

Also, the planning conditions on a development - if a development (single house or multiple) gains consent and is built / altered but planning conditions are applied to the trees / gardens / landscape etc, who would be liable if they were breached - householder or the person doing the tree / garden / landscape work? It's easy enough to check for TPO / CA, it starts to get a bit admin heavy if the arb has to check planning history and conditions as well?

 

Yes you have to agree to getting it but the alternative is prosecution, it's a formal slap on the wrists in effect.

[Chris at eden]

This 'caution' thing is an interesting development. Would it be accurate to say the person being 'offered' the caution has to agree to accepting it?

 

Also, the planning conditions on a development - if a development (single house or multiple) gains consent and is built / altered but planning conditions are applied to the trees / gardens / landscape etc, who would be liable if they were breached - householder or the person doing the tree / garden / landscape work? It's easy enough to check for TPO / CA, it starts to get a bit admin heavy if the arb has to check planning history and conditions as well?

 

Not really, councils will most likely store all their TPO data on a computer, in my experience on GIS. CA's and planning conditions will be stored in the same place. Its the click of a button to check. 10 seconds.

 

The planning condition is a land charge as is a TPO, so the duty to replace would sit with the land owner. The standard condition is 5 years which starts from the day the development is signed off by building control.

 

Hope this helps,

[treebloke]

 

The planning condition is a land charge as is a TPO, so the duty to replace would sit with the land owner. The standard condition is 5 years which starts from the day the development is signed off by building control.

 

 

And generally speaking with regard to trees isn't worth the paper it is written on, not being awkward or looking for a fight but have you ever heard anyone be prosecuted for felling trees that are not worth a TPO, if they were of any real value they would be protected propertly with a TPO. I will stand corrected Chris.

[treebloke]

The council can't prosecute for the sake of it, it has to be in the public interest. Offer to fund some replant, its better than a criminal record.

 

Yes they can!.

[kevinjohnsonmbe]

Not really, councils will most likely store all their TPO data on a computer, in my experience on GIS. CA's and planning conditions will be stored in the same place. Its the click of a button to check. 10 seconds.

 

 

 

The planning condition is a land charge as is a TPO, so the duty to replace would sit with the land owner. The standard condition is 5 years which starts from the day the development is signed off by building control.

 

 

 

Hope this helps,

 

 

Yes, thanks Chris. Would you recommend changing the fairly standard question from arb to LA from "are there any TPOs at X location?"

 

To

 

"Are there any TPOs and/or extant planning conditions at X location?"

 

Not something I've really done before but worth a thought for the future!

[treebloke]

 

The planning condition is a land charge as is a TPO, so the duty to replace would sit with the land owner. The standard condition is 5 years which starts from the day the development is signed off by building control.

 

Hope this helps,

 

Interestingly, if you phone or e mail for a TPO or C/A check a planning condition will not show unless you specifically ask.

[IVECOKID]

And generally speaking with regard to trees isn't worth the paper it is written on, not being awkward or looking for a fight but have you ever heard anyone be prosecuted for felling trees that are not worth a TPO, if they were of any real value they would be protected propertly with a TPO. I will stand corrected Chris.

 

YES ..... FORMBY ,Southport a bloke was in the Liverpool Echo for taking down a Sycamore in his back garden .... £22,000 fine !!!! That was about ten years ago when councils had a bit of money also FORMBY IS STRICT too .

 

 

Ste

[skyhuck]

Interestingly, if you phone or e mail for a TPO or C/A check a planning condition will not show unless you specifically ask.

 

They do round here.

 

IME, pruning is not a problem, its just removal thats controlled.

 

I've had sites where a group of trees were covered by a PC, we were ok to carry out maintenance, including some removals for safety, no paperwork required, they where just keen that the group remain.