lapsed TPO in cons area

[Adam M]

Area TPO applied after 211 notice received.

 

TPO application month later on this area goes split decision.

 

Month before lapse, individual trees TPOed in their own right minus the permitted fells.

 

Area TPO lapses, other TPO now in force.

 

Applicant fells trees after area TPO lapse.

 

Technically, would the TPO app be invalid and cons area rules apply?

 

I have a very specific question depending on answer to the above.

[ukminch]

Sounds right to me

[K.T.S Tom]

Was the tpo on the trees confirmed? And what time frame has this happened over?

[Adam M]

Was the tpo on the trees confirmed? And what time frame has this happened over?

 

 

7 months, area TPO not confirmed, TPO covering agreed trees not yet confirmed as only month old.

[K.T.S Tom]

Someone will correct me if I'm wrong but if they have tpo'd the trees you can appeal against it within 28days to have it removed then it would be conservation area rules if appeal is in your favour. Also if they don't confirm the tpo after 6 months after placing a temporary one conservation area rules apply. Ideally your better speaking to the tree officer via email so it's all written down

[hamdogg]

Someone will correct me if I'm wrong but if they have tpo'd the trees you can appeal against it within 28days to have it removed then it would be conservation area rules if appeal is in your favour. Also if they don't confirm the tpo after 6 months after placing a temporary one conservation area rules apply. Ideally your better speaking to the tree officer via email so it's all written down

 

 

Do you still get on wid tree officer lol

[Gary Prentice]

Someone will correct me if I'm wrong but if they have tpo'd the trees you can appeal against it within 28days to have it removed then it would be conservation area rules if appeal is in your favour. Also if they don't confirm the tpo after 6 months after placing a temporary one conservation area rules apply. Ideally your better speaking to the tree officer via email so it's all written down

 

After the temporary order (unconfirmed) is made you have a period to make representation - in support or against it. The minimum period any council can allow is 28 days and most use that timespan.

 

There doesn't appear to be any protocol for those circumstances. The officer felt the trees deserved protection, the committee disagreed, so realistically why should they still be protected by the CA status?

 

It could become a merry-go round of 211 notices and TPO applications that don't become confirmed. The authority should inform the person who submitted the 211 notice, after non-confirmation of the TPO, that the trees are not protected,in my opinion. Email the question to the planning department, raising these points and let us know the answer:biggrin:

[daltontrees]

After the temporary order (unconfirmed) is made you have a period to make representation - in support or against it. The minimum period any council can allow is 28 days and most use that timespan.

 

There doesn't appear to be any protocol for those circumstances. The officer felt the trees deserved protection, the committee disagreed, so realistically why should they still be protected by the CA status?

 

It could become a merry-go round of 211 notices and TPO applications that don't become confirmed. The authority should inform the person who submitted the 211 notice, after non-confirmation of the TPO, that the trees are not protected,in my opinion. Email the question to the planning department, raising these points and let us know the answer:biggrin:

 

Sound logic there, but just to be clear the OP shouldn't assume that a TPO proposed in a CA but refused by committee removes the CA status. It doesn't. And so a s211 notice is needed, but should be a formality since the only option open for the LA to resist it is a TPO. I can't see any TO trying that twice. If I was the LA I wouldn't quite say the trees are not protected but that in this case no further notification is required.

[Gary Prentice]

Yes Jules but,

 

This is only my view on it and I have no knowledge that it has been tested in the courts, so I accept no liability for anyone acting on it.

 

 

I think that unopposed works in a CA have a two year time limit.

The authority objects to the 211 notice and applies a TPO.

Because the only recourse to their objection to the 211 notice is a tpo, which has failed in application, the only reasonable view is that the work in the original notice has to be acceptable. Six weeks and less than two years has elapsed, no valid Tpo is in force so cart on:)

 

 

As I said, this is my reasoning, so who wants to test my hypothesis?

Edited February 28, 2015 by Gary Prentice

[Adam M]

Hi

 

I'm a little confused by the original post but I think it goes like this.

 

S211 served on Council. Council served Area TPO, [as an energency measure]. Applicant applies to fell trees protected by Area TPO. The Council having accurately assessed the trees, serves a TPO comprising individual trees. Area TPO lapses. Applicant fells trees.

 

Ok here goes. Any application to fell trees under the Area TPO will not be valid as the Order itself no longer exists. However, any trees protected by the new TPO of individual trees remain protected, even if they were also included in the lapsed Area TPO.

 

Essentially you have the individual trees protected by the latest tree preservation order, and trees protected by virtue of their location within a conservation area. If you wish to carry out works to any of the TPO'd trees an application will be required under the TPO of individual trees. If you want to work on any of the trees protected by their conservation area status then you will need to serve an S211.

 

However, If any of the trees which were the subject of the original S211, are not included in the TPO of individual trees, and if six weeks has passed since serving the S211, and it is less than two years from when you served the S211 you can fell them.

 

In short. The applicant could fell the trees that were part of the original S211, and which are not included in the TPO of individual trees subject to the time limits.

 

Hope this helps. If not PM me and I'll try and be a little clearer if you can provide more details.

 

Ed

 

Entirely this. Thank you.