TPO varying for replacement trees

[DanVC]

Legal have been in touch and are requesting that for every tree I give permission for felling they be notified and I vary the order. I have raised the following points;

 

• New tree automatically becomes protected hence no immediate need to vary the TPO

• Informed them that the only way I can be sure of the removal is to visit each site, given the two year period for works

• That the order should only be varied, or a new order created, if new previously unprotected trees are included

• That woodland orders do not require varying for fells

 

I understand their want for every order to be bang up to date but I have stressed this is totally impractical. I do vary and revoke orders when I can but cannot find any legal necessity to carry out their request.

[kevinjohnsonmbe]

Er, bit confused?

 

Are you a LA employee?

 

Your post reads like an email you might send to a line manager for clarification?

 

Is there a question in there somewhere and I'm being dumb or are you just sharing for sharing sake?

 

👍

[Arb Rhino]

By "vary" I'm assuming they want you to change the tree TPO'd for instance

Fraxinus excelsior - felled

Prunus avium - planted

So that they can keep an up to date stock of what's where? Also they would like to know when the work has been completed? Imo unless they put a shorter timescale (ie less that 2 years) or ask on the tpo forms for an (estimated?) completion date, there is no viable way of keeping up to date. Legally I can't see an issue with a tpo being transferred from felled tree to planted tree automatically and then the information about the planted tree being updated once works have been completed (which is going back to estimated completion)

 

Hope this helps

 

Rhino

[Adam M]

Alter your decision letter so that there is a slip for the applicant to return once they have replanted. Then you can check. Your tpo admin system should have a calender trigger for flagging up conditions that haven't been discharged. Use that to chase up those who didn't complete the slip.

[DanVC]

Thanks everyone. In response to Kevin I apologise if the wording seems a little corporate. The question should be is there a legal requirement to vary a TPO to include details of the replacement tree, bearing in mind that the replacement tree is automatically protected, just not listed on the schedule.

[Chris at eden]

If you fell a TPO tree and replace subject to condition the cover does not automatically transfer so the new tree wont be covered. The only way the new tree will be covered is if:

 

1. The tree is felled in contravention.

2. The tree has been felled under exemption as it is dead.

3. The tree has been felled under exemption due to an immediate risk of serious harm.

 

All other reasons you will need to vary, even if its the same species and in the same position.

 

Hope this helps,

[Roz]

The LPA have a duty to keep TPOs up to date as the information is in the public domain, if the legal dept are asking to be kept up to date then when consent to fell is granted with a condition to replacement plant stating the species then in the interim e-mail legal so they can make a note on the file. Then when out and about cast an eye to see a) if the tree has been felled b) has it been replaced (the condition should give a time scale so it shouldn't be to difficult) - TO's usually know where TPO's have been felled and replacements conditioned so a swift look see shouldn't be too onerous. Also the TPO is modified not varied (its to do with legal interpretation so I am told - the subtleties of law)

[Jon Heuch]

I understand their want for every order to be bang up to date but I have stressed this is totally impractical. I do vary and revoke orders when I can but cannot find any legal necessity to carry out their request.

 

I feel you are looking at this problem very much from your point of view alone. What of a new tree officer looking at the same TPO a few years later with no knowledge of the fell and replacement, especially if there is a species change?

 

How about a new purchaser of the property who is given a copy of the "old" TPO? There is a reference to a tree that is no longer present, but on the ground there is a young established tree - one that would not merit a TPO in the first instance. Possibly the tree is in a slightly different location from the TPO plan. As above, what if there has been a species change. They remove the tree. How do you prosecute?

[Chris at eden]

The LPA have a duty to keep TPOs up to date as the information is in the public domain, if the legal dept are asking to be kept up to date then when consent to fell is granted with a condition to replacement plant stating the species then in the interim e-mail legal so they can make a note on the file. Then when out and about cast an eye to see a) if the tree has been felled b) has it been replaced (the condition should give a time scale so it shouldn't be to difficult) - TO's usually know where TPO's have been felled and replacements conditioned so a swift look see shouldn't be too onerous. Also the TPO is modified not varied (its to do with legal interpretation so I am told - the subtleties of law)

 

 

The review of TPO's is the biggest problem TPO officers face, they simply don't have the time. Some obtain extra funding to bring in a consultant to do it on a fixed term contract when they get really out of hand.

 

TPO's are varied in the situations discussed here not modified. TPO's are only modified at the time of confirmation if the planning control committee decide to change things before confirming. An example would be, a TPO is served quickly as an area order in an emergency. It should then be modified at confirmation as groups or individuals once the amenity has been assessed properly. I could also be that the committee also decide to exclude certain trees. TO's can make this call also. When TPO's are confirmed they are done so either 'without modification' or 'subject to modification'.

[DanVC]

Thanks everyone