TPO tree taken down with out consent

[treebloke]

They do round here.

 

 

I have never known that as planning conditions are normally envoked by the planning dept which is often seperate from the tree officer, I am not saying it can't happen but I have never been given that info when enquiring unless we ask and we deal with a lot of different LPA's. Just goes to show I guess.

[skyhuck]

I have never known that as planning conditions are normally envoked by the planning dept which is often seperate from the tree officer, I am not saying it can't happen but I have never been given that info when enquiring unless we ask and we deal with a lot of different LPA's. Just goes to show I guess.

 

My two nearest LA's use a computer system that overlays the map with various things, CA, TPO and PC's all show up.

[chris hennelly]

Hahaha!

Where are you mate?

Sent from my iPhone using Arbtalk

....mark,hi!......now in Norfolk,but used to be landscape manager for kent garden centres(now long gone),but worked all over kent as we had branches! in Gillingham,canterbury,maidstone....still come down for clients even after 15yrs! (obviously too cheap)..cheers!

[Chris at eden]

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.

 

No bob you are quite right. Planning conditions are useless. There is no prosecution, worst case scenario you would be instructed to replant.

[Chris at eden]

Yes they can!.

 

I don't agree. You have to meet both the evidential and public interest tests or legal won't touch it.

[Chris at eden]

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!

 

They should check anyway in my opinion, I always would. But yes I have heard people ask to carry out statutory tree protection checks before, or for checks on planning restrictions. PC's are pretty rubbish to be fair as you only have to replace the tree, there is no fine so not a huge deterrent. The big deterrent is that it can cause problems with selling your house if you have undischarged or problematic PC's.

 

I heard a story a while ago about a developer who never discharges conditions which basically means he couldn't sell the houses. Doesn't matter though as he build rentals and avoids the planning fee by not discharging. Smart move I suppose.

[Chris at eden]

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

 

Not in my experience. They will most likely be checked and only mentioned if there is a problem. They are not monitored by the TO though so you would probably get referred on if any were live.

[daltontrees]

I'm glad I don't live in Englandshire where there seems to be sucha broad acceptance of what appears on the face of it to be a regular misinterpretation of the TPO law by Councils if they are prosecuting contractors. I would fight them to the death if they tried to press me to accept a caution or to prosecute me in this situation.

[treebloke]

I don't agree. You have to meet both the evidential and public interest tests or legal won't touch it.

 

Well I am sure you know where I am coming from on this one and therefore have strong beliefs. However, a good lawyer and magistrate who is in touch with reality can often shine through so to the guy who started all this, good luck.

[Chris at eden]

I'm glad I don't live in Englandshire where there seems to be sucha broad acceptance of what appears on the face of it to be a regular misinterpretation of the TPO law by Councils if they are prosecuting contractors. I would fight them to the death if they tried to press me to accept a caution or to prosecute me in this situation.

 

Hi Jules,

 

Can councils not prosecute contractors up your way then? down here yes. They was a fairly high profile one last year in Poole. House owner got hit for 150k ish, tree surgeon for about 2k. That was basically cos the house owner had made the bigger gain or so I am told.