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Showing results for tags 'tpo prosecution'.
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Hi recently I have been contacted by a tp officer who has objected to my planning to move my barbers shop to another permitted build on tpo area. Both existing and proposed are on the same tpo area. Not only is he objecting he wants to recommend enforcement to remove build. On consulting with tpo officer one year ago it was said under advice it would be OK to do works on land as long as no heavy machinery or storage and all bases must be on floating piles. I added 2 foot top soil to area then stilts only into this added ground. I need to know as very little info on this, what my position is.
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as a retired arborist I rarely concern myself with my past activities.But seemed from looking at the planning threads there is not much evidence of the change in the case law governing TPOs that occurred as the result of the incorporation of the human rights act into UK law.Briefly TPO breach is a criminal act and thus must be proved beyond all reasonable doubt.No one can be prosecuted without strict adherence to the magistrates acts and PACE.What this means is that if you do work the LA deems a breach .THEY have to prove that it did not come within the exceptions of the acts.Rather hard if the tree is felled or the prunings are chipped. How do I know how this applies,by arranging for an old client to fell a tree causing a obstacle to an proceeding planning application.Much huffing an puffing and posturing occurred including initiation of non prosecution.The ministries blue book does not mention this change for obvious reasons .But it is a fact. Local tree officers have been cosseted by an old court ruling which made the offender have the burden of proof of innocence ,always an insult to the precepts of good law.So get up off your knees out there and realise that TPO legislation is for too long been blunt instrument wielded by often ignorant officials
