TPO application

[Gary Prentice]

And don't discuss it on a public forum!

[kevinjohnsonmbe]

Ok so you report wont be favourable but if it comes to light that you were the source of the information, the developer is going to be, "upset" about your breach of confidence.

 

 

 

What if they take the gloves off and break out the lawyers?

 

 

Open question - would an engagement to survey necessarily remove or preclude a persons right to request the LA consider TPO action?

 

What could the lawyers actually do? (Unless it is a specific term of contract not to (and even then that could be viewed as unreasonable?))

 

Just musing.... It's obvious what the 'real world' risk could be to repeat business, but would it actually be viewed as inappropriate or unprofessional?

 

Or perhaps the opposite?

 

Depends whose opinion it is I guess...

[kevinjohnsonmbe]

Get some one else to do it

 

And don't discuss it on a public forum!

 

There's the answer!

[treequip]

Open question - would an engagement to survey necessarily remove or preclude a persons right to request the LA consider TPO action?

 

What could the lawyers actually do? (Unless it is a specific term of contract not to (and even then that could be viewed as unreasonable?))

 

Just musing.... It's obvious what the 'real world' risk could be to repeat business, but would it actually be viewed as inappropriate or unprofessional?

 

Or perhaps the opposite?

 

Depends whose opinion it is I guess...

 

Good question. The client wants a survey with a view to building. If you dob him in to the planners the client can (will) see that as a breach of confidence. Breach of confidence, particularly where a bucket load of cash is involved is likely to end in litigation.

[Andymacp]

Any pictures ?

 

 

Not yet, still undecided about getting involved, going to meet the architect tomorrow and express concerns.

What I don't want is, to do a nice report, saving nice trees, sensible RPA and still get the boy a house.

Then come back in a year and find all smashed to hell by a digger and roots everywhere. Which I know is going to happen.

[Andymacp]

Good question. The client wants a survey with a view to building. If you dob him in to the planners the client can (will) see that as a breach of confidence. Breach of confidence, particularly where a bucket load of cash is involved is likely to end in litigation.

 

 

Yes this is the crux of it, is it unprofessional to look at getting them TPO'd or is it professional to ensure trees aren't damaged.

[kevinjohnsonmbe]

It's a teaser!

 

Similarly, if you asked a builder to quote for works and they subsequently objected to your planning application does the fact you've asked them to quote preclude them from public consultation on a planning app?

 

I can't see how it could (although not sure it's a perfect comparison of circumstances.)

 

If they are visible from a public vantage point would it be a breach of confidence?

[Gary Prentice]

Open question - would an engagement to survey necessarily remove or preclude a persons right to request the LA consider TPO action?

 

What could the lawyers actually do? (Unless it is a specific term of contract not to (and even then that could be viewed as unreasonable?))

 

Just musing.... It's obvious what the 'real world' risk could be to repeat business, but would it actually be viewed as inappropriate or unprofessional?

 

Or perhaps the opposite?

 

Depends whose opinion it is I guess...

 

I think I heard or read that the AA had received complaints about a contractor who enquired about whether trees were protected at someone's address. I believe that complaint was considered valid and was seriously considered.

 

If you were instrumental in getting a TPO, which prevented legal pre-application felling which then prevented a million pound development, I'd imagine they'd be some ramifications.

 

But I don't really know:biggrin:

Edited August 10, 2016 by Gary Prentice

[AA Teccie (Paul)]

Not yet, still undecided about getting involved, going to meet the architect tomorrow and express concerns.

What I don't want is, to do a nice report, saving nice trees, sensible RPA and still get the boy a house.

Then come back in a year and find all smashed to hell by a digger and roots everywhere. Which I know is going to happen.

 

But if you don't give it YOUR best shot, and thereby the trees the best chance, what's saying anyone else will.

 

You have, by virtue of enquiring with the LPA about the presence of any TPO's, indirectly / consequentially alerted them. Trees are a material consideration in the planning process and hence they are obliged to consider them. Further, as the professional arb engaged you are duty bound to establish any constraints to construction, inc. TPOs, aren't you?

 

Be professional, do the necessary and your conscience is / "should be" clear.

 

Understand your predicament but you don't know it will all end in a mess really.

 

Cheers..

Paul

[kevinjohnsonmbe]

Yes this is the crux of it, is it unprofessional to look at getting them TPO'd or is it professional to ensure trees aren't damaged.

 

For me, I see the latter as the more professional route.... (but it comes with potential consequences.)