Serving TPO's/Notifying agents

[Gary Prentice]

I forgot to look on my computer at work at the last changes in the T&CPA to verify this question so I either go back to work or wade through a load of stuff on line to find the answer.

 

Or ask on here:biggrin:

 

Does the LA now have to inform the agent if they serve a TPO after receiving a section 211 notice?

 

I've had a look on the Planning Practice Guidance website but can't decide if the agent is considered an 'interested person'.

[AA Teccie (Paul)]

Hi Gary,

 

I would have thought so, seems reasonable / makes sense.

 

Seems to ring a bell this issue, perhaps worth an archive search.

 

Cheers...n hope you're well

Paul

[Gary Prentice]

Prior to the last changes they didn't have to ( and never did in my experience) but I think common sense prevailed and this was changed. I've tried a search on here but haven't got far.

 

Health wise not bad, first day of the fourth cycle almost C free but the fatigues catching up big time now. Hopefully this will be the last one. Thanks for asking:thumbup1:

[Adam M]

“person interested” in relation to an order means every owner and occupier of the land affected by the order and every other person whom the authority knows to be entitled—

(a)to cut down, lop or top any of the trees to which the order relates; or

(b)to work by surface working any minerals in, on or under the land affected by the order.

[Gary Prentice]

“person interested” in relation to an order means every owner and occupier of the land affected by the order and every other person whom the authority knows to be entitled—

(a)to cut down, lop or top any of the trees to which the order relates; or

(b)to work by surface working any minerals in, on or under the land affected by the order.

 

I got that far:thumbup1:

 

It always seemed odd that a LA could accept a notification from an agent then ignore them by not informing them that an order was being served. I think this was changed but can't verify this from home easily.

[Chris at eden]

Hi Gaz

 

I don't think its changed to be honest mate. You actually have to serve less people now. It used to be anyone with a common boundary, now its just if they can prune, i.e. overhang.

 

It would make sense to serve the agent though as when you present these things to legal (at least when I do) they want to grind out all the aggravating and mitigating issues.

 

Cheers

[Gary Prentice]

Thanks Chris, I was sure this had been changed ( for the better), I've a list of changes somewhere at work from Mr Dowson I'll dig out in the morning.

 

I'm pretty sure that Jules wrote one too - My memories not particularly good at the moment but my filings always been worse.

 

If I can find a definitive answer I'll post it. I may be getting confused with my LA informing me ( as agent ) but that may be more courtesy than regulations.

[Gary Prentice]

Found it.

 

Protecting trees in conservation areas | Planning Practice Guidance

Paragraph: 119 Reference ID: 36-119-20140306

 

How does the local authority decide whether a tree in a conservation area merits a Tree Preservation Order?

 

The authority’s main consideration should be the amenity value of the tree. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area.

 

Even if the tree’s amenity value may merit an Order the authority can still decide that it would not be expedient to make one.

 

If an Order is made, in addition to fulfilling the usual statutory requirements, the authority should also provide a copy of the new Order to any agent who submitted the section 211 notice. It should also explain to the person who gave notice that an application for consent under the Order may be made at any time.

 

Revision date: 06 03 2014

 

 

Unfortunately it's guidance and reads 'should', not 'must'

[Gary Prentice]

And it appears to be in the Regulations (if I understand it correctly)

 

STATUTORY INSTRUMENTS

 

2012 No. 605

 

TOWN AND COUNTRY PLANNING, ENGLAND

 

The Town and Country Planning (Tree Preservation)(England) Regulations 2012

 

 

 

Procedure after making an order

 

5.—(1) As soon as practicable after making an order, and before confirming it, the authority which made it shall—

 

(a)serve on the persons interested in the land affected by the order—

 

(i)a copy of the order; and

 

(ii)a notice containing the particulars specified in paragraph (2)

 

(b)make a copy of the order available for public inspection, in accordance with paragraph (3); and

 

©in the case of an order made following service of a notice under section 211(3) (preservation of trees in conservation areas), serve on the person who served that notice the information specified in sub-paragraph (a).

 

 

 

http://www.legislation.gov.uk/uksi/2012/605/made

 

So am I correct that 'shall' means that the LA must serve the agent too?

 

Sorry for monopolising my own thread, it's been bugging me all night.

Edited March 22, 2016 by Gary Prentice

[Chris at eden]

I stand corrected.

 

Cant say I ever come across this to be honest. I do a lot of pre-app meetings to filter out unsuitable apps and I don't TPO trees that I think we would lose on appeal. I know some LPAs do!!!