Tree Preservation Order

Re: Tree Preservation Order

Postby elvenspirit » Thu Aug 22, 2013 8:47 am

The tree officers professional opinion is their profesionnal opinion and they're entitled to it. You are entitled to disagree and seek your own professional opinion to suit your needs.


Of course, but the point I am making is that I cannot challenge the TPO's opinion. Do you not understand this?

We do like trees - we have many (too many - many 70 footers) and have planted many more at our holiday home. But if they are going to be used against you in the future, why let any new trees grow?? Like too many things in the UK there is too much control and not enough accountability / customer service (because that's what the public are - customers - as well as paymasters to local & central government).

Anyway, I think we will have to agree to differ on this one. :)

I still would be interested in a legal view - any solicitors out there?
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Re: Tree Preservation Order

Postby ukmicky » Thu Aug 22, 2013 2:14 pm

Of course, but the point I am making is that I cannot challenge the TPO's opinion. Do you not understand this?


No

As TO has said if you wish to challenge his opinion get your own proffesional opinion.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Tree Preservation Order

Postby arsie » Thu Aug 22, 2013 2:56 pm

Indeed, that is what one of my neighbours did. First thing after buying an old nondescript bungalow, commissioned a tree specialists report which found disease and/or unsafe and/or unspecial species of trees - to remove and put his new house and garage where he wanted them on the site. Tree officer rolled over. A lovely big old cherry tree once stood where the new garage is now - it was downed ('diseased') very early in the game.
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Re: Tree Preservation Order

Postby elvenspirit » Thu Aug 22, 2013 3:18 pm

ukmicky - but if tree expert cannot persuade the TO then the TO's view stands. I have no right of appeal against the TPO decision with an independent arbiter. The local authority will side with the TO and any application appeal will do so also (as acknowledged by TO). I am not talking about whether a tree is diseased or not which tends to be more matter of fact than opinion. I am arguing that there are too many trees on the land, that not all are protected by a TPO and that the removal of one sycamore will not materially change the site but could potentially stop the application.
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Re: Tree Preservation Order

Postby arsie » Thu Aug 22, 2013 5:11 pm

Unfortunate that you didn't just chop the sycamore seedling before trusting your fate to the local tree officer ... Now it is too late. These tree lovers / officials are the pits aren't they :x They seem to vary. Ours here is easy. Yours seems very officious and full of his powers :roll:
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Re: Tree Preservation Order

Postby TO » Fri Aug 23, 2013 11:15 am

Hi

Sometimes you just have to agree to disagree. Unfortunately you haven't heard what you want from the tree officer, well that's just the way it is. You'll not get very far requesting another opinion from the council in the hope you'll get to hear what you want, or finding an independent arbiter. If the tree isn't TPO'd I can't see why it is a problem. If the planning application is refused you will get your opportunity for a different opinion from the Planning Inspectorate.

Planning permission isn't a given. There are many threads to bring together that all need to be weighed up. One of those threads, if trees are present, is the tree officers opinion. You either address their concerns, or you don't. It's that simple, and it's clear to me which is the best way forward.

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Re: Tree Preservation Order

Postby elvenspirit » Fri Aug 23, 2013 11:40 am

If the tree isn't TPO'd I can't see why it is a problem.


No, neither can I. Before this problem the TO was really on board.

If the planning application is refused you will get your opportunity for a different opinion from the Planning Inspectorate.


I am aware that we can appeal to the Planning Inspectorate if permission is refused but, unless I have misunderstood you (and our tree surveyor), I thought that they would simply uphold the TO's view?

Anyway, thanks for your input. We will know soon enough!
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Re: Tree Preservation Order

Postby arsie » Fri Aug 23, 2013 1:15 pm

Reading back over the thread, we have stuck to the topic.

However, the bigger picture is your planning application. The planning people are obliged to elicit opinions/objections/support from several departments. Their current directive from government, who are keen to get the economy going, is to approve applications if at all possible. The government 'tore up' over 1000 pages of detail and brought in the NPPF this spring https://www.gov.uk/government/publications/national-planning-policy-framework--2

This should be to your advantage and I would think picking a fight with the trees officer won't necessarily be a deal breaker but probably isn't a good idea. You need supporters not opponents.

When we developed in our garden the big sycamore I referred to earlier was just far enough away for it not to affect our foundations but some mixed deciduous hedges within metres forced us to over-size some footings. Our building control officer and the NHBC especially were concerned about hazel, which is a thirsty beggar. At the time the hedges were kept trimmed but they said we had to use the figures for half sized trees. I censored censored'd this at the time but, lo and behold, the new neighbours neglected the hedge and it sprouted into small trees ...

In what way does this sycamore sapling interfere with your plans?

Must you fell it to carry out your development?
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Re: Tree Preservation Order

Postby elvenspirit » Sat Aug 24, 2013 10:27 am

Thanks for the link. I was aware that there had been a change to assume approval, rather than refusal, but had not read the policy framework - downloading now.

I am hopeful we can find a way round it.
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Re: Tree Preservation Order

Postby syl2 » Fri Aug 30, 2013 10:55 pm

Planning permission overrules a TPO.

An appeal to central planning (if successful) overrules the local planners.

Just follow the procedures - the rules are in your favour at present, you just have to pay the fees.
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Re: Tree Preservation Order

Postby Treeman » Sat Aug 31, 2013 6:57 pm

syl2 wrote:Planning permission overrules a TPO.

An appeal to central planning (if successful) overrules the local planners.

Just follow the procedures - the rules are in your favour at present, you just have to pay the fees.



Just to clarify the above:

Detail planning over rules TPO's where the works to the trees is immediately required to implement the consent
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