Tpo and conservation area check?

[Timberman675]

Hi,

If you work at a property once before (3 weeks ago) do I need to do a Tpo and conservation area check again?

Thanks

[5 shires]

Hi,

If you work at a property once before (3 weeks ago) do I need to do a Tpo and conservation area check again?

Thanks

 

No:thumbup:

[kevinjohnsonmbe]

The question throws up a thought for me....

 

Whereas I would normally check TPO / CA status at the site visit / quote stage, it can be weeks / months before the work commences.

 

It has been suggested in another thread that the TPO enquiry could alert the LA to a 'threat' to trees which could lead to TPO action being initiated. Personally, and based on the LAs in my area, I didn't think the system was sufficiently joined up for that.

 

In the time between the initial enquiry and the work being started, it's possible that a TPO could be initiated, although the home / tree owner would need to have been informed. The question is, have they told the contractor that TPO action has been initiated? You'd like to think so, but.....

 

And where would your defence be if they hadn't?

[5 shires]

The question throws up a thought for me....

 

Whereas I would normally check TPO / CA status at the site visit / quote stage, it can be weeks / months before the work commences.

 

It has been suggested in another thread that the TPO enquiry could alert the LA to a 'threat' to trees which could lead to TPO action being initiated. Personally, and based on the LAs in my area, I didn't think the system was sufficiently joined up for that.

 

In the time between the initial enquiry and the work being started, it's possible that a TPO could be initiated, although the home / tree owner would need to have been informed. The question is, have they told the contractor that TPO action has been initiated? You'd like to think so, but.....

 

And where would your defence be if they hadn't?

 

Kev Going on the assumption that Timberman has done all the correct checking and leg work before he carried out the specified work at the same address 3 weeks ago and all was good to go I doubt very much anything would have changed as regards new stipulations regarding trees or conservation area.

[AA Teccie (Paul)]

 

And where would your defence be if they hadn't?

 

Mitigation, I would expect, i.e. still "guilty" of committing the offence.

 

However, in practice, I understand one legal test that has to be satisfied is that of "is it in the public interest to prosecute?" This may save yer neck but probably still end up with a caution which is best avoided.

 

Cheers,

Paul

 

PS In this particular case, whilst highly unlikely there's been any change, it may be worth just giving the TO a call (know that's oft easier said than done...the "making contact" part) to be sure. hopefully this will further increase your "good standing" with the Council too.

Edited October 6, 2016 by AA Teccie (Paul)

[TIMON]

Kev Going on the assumption that Timberman has done all the correct checking and leg work before he carried out the specified work at the same address 3 weeks ago and all was good to go I doubt very much anything would have changed as regards new stipulations regarding trees or conservation area.

 

 

Or in the unlikely event that it had, would they see it as being in the public interest to prosecute you? Especially as you had done all of your checks in the first place.

[AA Teccie (Paul)]

Or in the unlikely event that it had, would they see it as being in the public interest to prosecute you? Especially as you had done all of your checks in the first place.

 

"Great minds" ...hey Timon, hope you're keeping well.

 

Paul

[kevinjohnsonmbe]

Kev Going on the assumption that Timberman has done all the correct checking and leg work before he carried out the specified work at the same address 3 weeks ago and all was good to go I doubt very much anything would have changed as regards new stipulations regarding trees or conservation area.

 

 

Yes, totally agree! Just got me thinking about "what ifs" and possible worse case scenarios. Massively unlikely that (a) anything would change in that timeframe (b) the home/tree owner didn't disclose if it had and (c ) that a prosecution might follow if it had.

 

You'd have to be really unlucky on all counts.....

 

Just my natural wariness playing

[nepia]

This may save yer neck but probably still end up with a caution which is best avoided.

 

Cheers,

Paul

 

Unless there are specific rules for Cautions administered remotely by bodies such as LA's the recipient of one has to both admit the offence and be willing to accept a Caution for it to have legal status.

That's in criminal law though; perhaps an LA Caution is just a local record kept by that Authority for its own purposes, in which case I suppose we mean 'warning letter'.

[Anno]

In my world as a Tree Officer, we publish online the full TPO list with mapping provided - its easier and means less phone calls.

We can then get back to juggling 15 plates at the same time...