recent prosecution

[Chris at eden]

The tree officer doesn't necessarily have to attend as it's a planning issue (T&CPA) Enforcement officers are sufficient and I think (but stand to be corrected) are the only ones that are able to caution you 'that anything you say can be used against you".

 

For the purpose of prosecution, as its a criminal offence the PACE rules apply (Police And Criminal Evidence Act 1984) and it has to be proven 'beyond reasonable doubt' who the guilty parties are. Despite this, contractors are prosecuted from time to time. I admittedly don't know the circumstances of particular cases, so can't say either way what the odds are when the culprit isn't caught in the act.

 

The TO will generally work in the planning office though and anyone with the delegated powers can do the PACE interviews and cautions. Where I do TPOs I have the delegated powers as TO and so effectively act as the enforcement officer. I do the PACE, cautions, witness statement, and entire case preparation. I'll be honest, its not my favourite part of the job. The planning enforcement officer doesn't get involved with TPO or CA (tree) contraventions. The real big players when it come to PACE though are the environmental health officers.

[Chris at eden]

If we're doing exempt works, such as deadwooding, I'll generally forewarn planning as a courtesy and to prevent them coming out unnecessarily.

 

Very professional approach. I know AA contactors that don't and when you go out they say there is no requirement for dead wooding. Fair enough, that is true but its a waste of everyone's time when the TO has to ride out to site when it could be avoided by a 30 second email.

[hamdogg]

Wasn't there something in all the jargon saying that the council can only prosecute if it's in the general publics best interest! Or am unmaking that up? 🤔

[Chris at eden]

Wasn't there something in all the jargon saying that the council can only prosecute if it's in the general publics best interest! Or am unmaking that up? 🤔

 

No you are correct. There are two tests that the council must satisfy in order to proceed with a prosecution.

 

1) The evidential test - basically that they did it and you have the evidence to prove it beyond reasonable doubt.

 

2) The public interest test - kind of what it says, that its in the interest o of the public to do so. i.e. that they have suffered from the actions. They look at aggravating factors and mitigating factors for this I believe. So an aggravating factor may be that a developer can now install an additional unit making more money at the expense of the public who have lost the accrued benefits of having a mature tree in the street. Mitigating may be that the person that did the works has some kind of disability that prevents them from fully understanding the consequences of what they are doing.

[PeterGG]

Here is an article about tree conservation areas and tree preservation orders

[Chris at eden]

Here is an article about tree conservation areas and tree preservation orders

 

Not as bad as I was expecting but a few issues:

 

1. Orders could give immediate protection prior to 2012 they just needed to be served under section 201. The new regs just automatically do this.

2. You can't confirm a TPO once the six months has passed.

3. Fines are unlimited on summary offence these days, not just via the crown court.

4. There is no exemption for dying trees anymore.

5. Cant see a TPO going to public inquiry myself.

[kevinjohnsonmbe]

Not as bad as I was expecting

 

Surprised to see an extract from a gardening website offered up given the depth, knowledge and experience offered up in previous contributions to the thread.....

[Gary Prentice]

The TO will generally work in the planning office though and anyone with the delegated powers can do the PACE interviews and cautions. Where I do TPOs I have the delegated powers as TO and so effectively act as the enforcement officer. I do the PACE, cautions, witness statement, and entire case preparation. I'll be honest, its not my favourite part of the job. The planning enforcement officer doesn't get involved with TPO or CA (tree) contraventions. The real big players when it come to PACE though are the environmental health officers.

 

Most of the LA's up here have distinct departments; TO's work on the environmental side while planning have their own fiefdoms. A planning enforcement officer would be the one to deal with TPO or Ca contraventions, with advise on the tree itself from the TO.

[Gary Prentice]

Very professional approach. I know AA contactors that don't and when you go out they say there is no requirement for dead wooding. Fair enough, that is true but its a waste of everyone's time when the TO has to ride out to site when it could be avoided by a 30 second email.

 

It also helps to prevent irate members of the public turning up and complaining that we're working on protected trees, if they've phoned planning who are aware of the extent of the work (Exempt) we're doing.

 

Takes the wind out of their sails if planning already know and can say they are aware and everything's legit'.

[Chris at eden]

Most of the LA's up here have distinct departments; TO's work on the environmental side while planning have their own fiefdoms. A planning enforcement officer would be the one to deal with TPO or Ca contraventions, with advise on the tree itself from the TO.

 

They all see to be set up differently. I know an LPA where all applications go to committee, nothing is delegated to the TO.