lapsed TPO in cons area

[Gary Prentice]

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

 

That's what I said. Although reading my post I didn't clarify that I meant the trees now were in the original area order, but not covered individually now.

Edited March 2, 2015 by Gary Prentice