211 upgraded to TPO status

[treebloke]

If the LPA decide to put a TPO on a tree you have applied to fell within a C/A then they serve you with the TPO, you then have a right to appeal.

 

So if you decide to appeal and win you can then fell the tree, does this mean you don't have to bother to replant as per the 211 or do you have to replant because they did in fact TPO the tree?.

 

Hope that makes sense.

[daltontrees]

I don't quite understand.

 

There is no right of appeal against the making of a TPO.

[Chris at eden]

I don't quite understand.

 

There is no right of appeal against the making of a TPO.

 

I think Bob means object. Never came across that one but would assume you could carry out the work detailed on the notice. I would check with the councils legal section.

[detritus21]

You have the right to object to the TPO. If the TPO wasn't confirmed after objections no replant would be required. If however it was confirmed then a normal TPO app will have applied which would have in the conditions with regards a replant. It is only at TPO app rejection when you appeal the decision.

[Chris at eden]

You have the right to object to the TPO. If the TPO wasn't confirmed after objections no replant would be required. If however it was confirmed then a normal TPO app will have applied which would have in the conditions with regards a replant. It is only at TPO app rejection when you appeal the decision.

 

Or conditions. But yes, sounds about right to me.

[Gary Prentice]

Sorry to hijack.

 

So after a 211 notice, a TPO is served (within the 6 week period), what happens if it isn't confirmed after six months?

 

a) conservation area rules still apply

b) it can be removed because the LA hasn't protected the tree on the original 211 notice

[treebloke]

Sorry to hijack.

 

So after a 211 notice, a TPO is served (within the 6 week period), what happens if it isn't confirmed after six months?

 

a) conservation area rules still apply

b) it can be removed because the LA hasn't protected the tree on the original 211 notice

 

This is the point I am trying to ascertain.

[Chris at eden]

Hi

 

If you serve an S211 and the LPA TPO the tree, (which incidentally they can do any time they like not just within the six week S211 notice period), six months elapse and the TPO isn't confirmed, then you can carry out the works in the S211 notice, so long as you do them within 2 years of the date of the original S211 notice.

 

Ed

 

That would make sense wouldn't it. It would also have made sense for it to be covered either in the regs or the guidance but as far as I can see it hasn't. Helpful!!!

 

It would be pretty difficult to prosecute for the felling of something that the planning committee had already decided did not merit protection. Bit of a farce that would be.

[AA Teccie (Paul)]

If the LPA decide to put a TPO on a tree you have applied to fell within a C/A then they serve you with the TPO, you then have a right to appeal.

 

So if you decide to appeal and win you can then fell the tree, does this mean you don't have to bother to replant as per the 211 or do you have to replant because they did in fact TPO the tree?.

 

Hope that makes sense.

 

Bob, if I've understood you correctly (typical AA Scheme Manage caveat ) the answer, simply, is 'no.'

 

IF the LPA allows the removal of a tree under a 211 notice they cannot condition for replacement. The 'attempted' TPO in the scenario you cite would not be applicable and even if the do want a replacement they would need to condition the consent accordingly (which they can't of course if the tree isn't TPO'd.)

 

There, SIMPLES

 

Cheers, n hope yer well.

Paul

[Gary Prentice]

That would make sense wouldn't it. It would also have made sense for it to be covered either in the regs or the guidance but as far as I can see it hasn't. Helpful!!!

 

It would be pretty difficult to prosecute for the felling of something that the planning committee had already decided did not merit protection. Bit of a farce that would be.

 

Yeah but:001_smile:

 

Hypothetically, the tree was protected by, is it s201, for the first months, so technically the 211 notice wasn't agreeable to the LA.

 

And not all tpo's are confirmed by committees, don't some just get confirmed by executive officers? I'm sort of musing on the legal argument that despite not confirming the order (slow legal department say) the intention was to refuse the notice (protect the tree)

 

 

All hypothetical of course.