Tree Preservation Orders

Tree Preservation Orders

Postby Buddy1086 » Mon Mar 18, 2013 3:16 pm

Hi

Does anyone know how or if I can get a tree preservation order lifted once it has been put in place?
Buddy1086
 
Posts: 2
Joined: Mon Nov 05, 2012 12:55 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Tree Preservation Orders

Postby TO » Mon Mar 18, 2013 10:24 pm

Hi

There are essentially two steps to making a tree preservation order, and the answer to your question lies in whereabouts in the process you are.

1. The tree preservation order is made and served on those with an interest in the land. At this point you can object to the making of the order. The Council must consider your objections before deciding whether or not to confirm the order, that is make it permanent. It is usually a Committee that decides whether or not to confirm the order when objections have been made. You should have the right to speak at the Committee, use it.
2. If the Council decide to confirm the order, you have a short time period to challenge it in the High Court. This will be expensive, and can only be done on a point of law, such as the correct procedures weren't followed. The merits of the tree don't count for anything.

It might be possible to use the Local Government Ombudsman if you can show maladministration. This is much cheaper than the High Court, but they have less powers.

If the Council are found wanting either by the High Court or the Ombudsman, and the tree preservation order is invalid, they can always make it it again, but correctly.

Tree preservation orders can be revoked, and Councils do do this. However, if you ask them to revoke the order you must have a good case to make, as the consequences could result in the loss of the tree, the exact thing the order is meant to stop.

Of course you could apply to fell the tree at any time, and if refused appeal.

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: Tree Preservation Orders

Postby ukmicky » Tue Mar 19, 2013 11:08 pm

Buddy

If this iis due to the subsidence with the neighbours property and they have proved its your ASH then you really need to act now . A reasonable period of time to abate a nuisance is allowed and you are pushing it.

Apply to the council to fell the tree and supply the evidence provided by the neighbours insurance company.

As this tree has a TPO let the council decide if this tree can be cut down and if enough evidence has been supplied that your tree is to blame.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4542
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Tree Preservation Orders

Postby cobdale » Sun Mar 24, 2013 9:47 am

just wondering about something here,having read the replies to the query,if the council refuse to lift the tpo after all the evidence has been prevented ,and then serious damage occurs which the tree is the cause of,have the householders got any comeback and can they then claim against the council? just being curious.
cobdale
 
Posts: 355
Joined: Mon Dec 03, 2012 10:19 pm

Re: Tree Preservation Orders

Postby TO » Mon Mar 25, 2013 3:56 pm

cobdale wrote:just wondering about something here,having read the replies to the query,if the council refuse to lift the tpo after all the evidence has been prevented ,and then serious damage occurs which the tree is the cause of,have the householders got any comeback and can they then claim against the council? just being curious.
Compensation can be payable under certain circumstances.

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm


Return to Trees

Who is online

Users browsing this forum: No registered users and 1 guest