Objecting a provisional TPO

Objecting a provisional TPO

Postby johnyD » Mon Feb 11, 2013 4:11 pm

Hello all,

I wanted to know if anyone had any experience successfully objecting a provisional TPO. According to the Council, the provisional order was made as the trees make a significant contribution of local visual amenity.

The trees are mature oak trees located on a private footpath and affect a row of 6 houses (nuisance, shade, leaves, etc). On multiple occasions, the owners, of all the houses impacted by the trees, have approached the tree owner with proposals looking to for an agreement on acceptable tree work. We even offered to pay for all the work. All the requests have been ignored and / or rejected by the tree owner. We were informed recently that the Council had been approached to put a TPO on the trees. Our intention is not to fell the trees, but to work out an acceptable and agreed maintenance process. We think the tree owner requested a TPO to add an extra and unnecessary hurdle and to continue rejecting our requests for maintenance.

The trees are 3 meters from the boundary line of the row of 6 houses and amenity-wise approximately 2 meters of the tree crowns can be seen from public roads.

I wanted to request your help with the following questions:

1. Experience successfully objecting to a similar provisional TPO? A template or sample letter used?
2. How is full amenity calculated for trees like these?
3. All the neighbors want to object, would it be better to send letters individually or one letter signed by all?
4. Any other feedback / ideas we can use for the objection?

Thank you,

John
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Re: Objecting a provisional TPO

Postby ukmicky » Tue Feb 12, 2013 10:07 pm

What is the point in objecting.

They are not your trees.

The owner can say no to any works with A TPO or without the TPO

You cant touch the Trees without the owners permission

Under the right circumstances if the tree in the future causes actionable damage the TPO will not prevent you from forcing the owner to take action and ultimately have the tree felled it that was needed.

What difference does the TPO make
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Objecting a provisional TPO

Postby johnyD » Tue Feb 12, 2013 11:19 pm

Hi ukmicky,

Thanks for your reply.
In this particular case, I think the confirmation of the TPO makes a difference. I unintentionally forgot to mention that the trees are in a private state with 50+ residences and the owner or the committee (representing the owner) allows unrestricted work to all the trees in the estate except the trees that affect the row of 6 houses. The owner and/or the committee reached to the Council as soon as we requested to be treated equally. To clarify, there are other trees in the estate that probably fall under the same questionable TPO provisional protection, but only our trees have been put forward to the Council. We think that reaching to the Council to request provisional TPOs put on the other trees in the estate will just upset the other residents.

We think that we have been treated unfairly and that a TPO will complicate any work to alleviate nuisance.

Thank you!
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Re: Objecting a provisional TPO

Postby hzatph » Wed Feb 13, 2013 9:10 am

I tend to agree with ukmicky. The owner is entitled to allow whatever work they wish in the absence of a TPO and a sense of unfairness in the decision making may be justified.

The only practical impact of a TPO is that the owners of the six gardens where the trees overhang would not be able to cut back branches that overhang to the boundary whereas they can do so now without permission.
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Re: Objecting a provisional TPO

Postby Treeman » Wed Feb 13, 2013 1:21 pm

johnyD wrote:Hello all,

I wanted to know if anyone had any experience successfully objecting a provisional TPO. According to the Council, the provisional order was made as the trees make a significant contribution of local visual amenity.

The trees are mature oak trees located on a private footpath and affect a row of 6 houses (nuisance, shade, leaves, etc). On multiple occasions, the owners, of all the houses impacted by the trees, have approached the tree owner with proposals looking to for an agreement on acceptable tree work. We even offered to pay for all the work. All the requests have been ignored and / or rejected by the tree owner. We were informed recently that the Council had been approached to put a TPO on the trees. Our intention is not to fell the trees, but to work out an acceptable and agreed maintenance process. We think the tree owner requested a TPO to add an extra and unnecessary hurdle and to continue rejecting our requests for maintenance.

The trees are 3 meters from the boundary line of the row of 6 houses and amenity-wise approximately 2 meters of the tree crowns can be seen from public roads.

I wanted to request your help with the following questions:

1. Experience successfully objecting to a similar provisional TPO? A template or sample letter used?
2. How is full amenity calculated for trees like these?
3. All the neighbors want to object, would it be better to send letters individually or one letter signed by all?
4. Any other feedback / ideas we can use for the objection?

Thank you,

John


Your grounds for objection is "we want to be treated fairly" which isn’t going to wash, if you can find any significant defects with the trees and provide evidence of such it is possible that the order can be confirmed without the defective tree(s) provided that defect would warrent felling under the TPO. The council may decide to confirm the order as is and issue consent to fell under the confirmed order which would give them the right to insist on a replacemnt planting. That last part is however outside of best practice.

The council will allow sustainable works under the TPO but as others have said anything other than back to the boundary is at the discretion of the tree owner as well as the statutory protection.
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Re: Objecting a provisional TPO

Postby henners » Mon Feb 18, 2013 9:56 pm

Bit short on time and this needs a thorough and considered response.

Lots of tree owners believe that the presence of a TPO negates the common law rights of neighbours - should there be any doubt about this see the latest version of Mynors: the law of trees, forests and hedgerows, and read the judgement of Perrin V Northampton Council.


Object individually.
The points you should make are the following:
1) the owner of the tree is trying to use the provisions of the Town and Country Planning Act to negate his responsibilities in respect of the trees and to (misguidedly) negate your common law rights.
2) the governments own advice is that, only the most exceptional of circumstances should a TPO be placed on a tree that is not visible (in its entirety) from a PUBLIC space. This means, in general, trees in rear gardens or on within gated communites, that are not visible should not be protected.
3) if there are enough of you and you are well heeled enough threaten to take the borough council to the high court as you intend to appeal the order.

Get a copy of Mynors. Read it thoroughly. Get your local councillor and your MP involved. Kick up as big a stink as you can. Make sure the LPA processes are run correctly, make sure they follow the rules to the book. Ask for individual representation at the Planning Meeting - if you object they can't use delegated powers to pass the order. Lobby the chair of the Planning Commitee. Check the plans, labelling, tree identification - if they are not accurate get them revised. If there is the slightest mistake in process or plan or schedule - the provisional TPO will not stand, nor will it be valid should it be passed by the Planning Committee

Check you property deeds - there may be covernants of various kinds in respect of nuisances, rights to light, and various others responsibilits between neighbours, particularly on private roads and gated communities. It may be possible to compel your neighbour to do works to the trees whether they are protected or not.

As a last resort, tell your neighbour and the LPA that all the properties affected intend to install a root barriers on their border with the tree and they intend to claim the cost of so doing from the owner of the trees - this is something that follows directly from the judgement of Perrin V Northampton.

Wish I had more time. Good Luck.
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Re: Objecting a provisional TPO

Postby ukmicky » Mon Feb 18, 2013 10:49 pm

As a last resort, tell your neighbour and the LPA that all the properties affected intend to install a root barriers on their border with the tree and they intend to claim the cost of so doing from the owner of the trees - this is something that follows directly from the judgement of Perrin V Northampton.

They can threaten it but without any damage they will have no chance of getting a penny back fom the tree owner.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Objecting a provisional TPO

Postby arborlad » Mon Feb 18, 2013 10:56 pm

henners wrote:2) the governments own advice is that, only the most exceptional of circumstances should a TPO be placed on a tree that is not visible (in its entirety) from a PUBLIC space. This means, in general, trees in rear gardens or on within gated communites, that are not visible should not be protected.
.



Can you link your source for that please?
arborlad

smile...it confuses people
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