Provisional TPO - Any suggestions for objecting to it

Provisional TPO - Any suggestions for objecting to it

Postby anmolbhatia » Wed Sep 24, 2014 3:42 pm

We recently bought a house in a non-conservation area with a view to get works done on the house. The house has a huge mature oak tree in the front garden which didn't have a TPO at the time of buying and we wanted it to be removed after buying the house.
I contacted tree surgeons last week and seems like one of the surgeons contacted the council and council has immediately issued a TPO saying they got the information that we want to remove it and it has amenity value.
Our neighbours also had non-TPO oak trees in the past and had them removed without any issues in the last couple of years. But in our case, because council found it, they have issued this provisional TPO which we can object to within 28 days.
We do need the tree to be removed as it would be a big obstacle for our house plans. We will be happy to plant more baby trees where they would not be obstructive. any advice please.
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Re: Provisional TPO - Any suggestions for objecting to it

Postby TO » Wed Sep 24, 2014 4:12 pm

Hi

Your objection can be for any reason. E.g.
anmolbhatia wrote:We do need the tree to be removed as it would be a big obstacle for our house plans.


Baby trees are great, but even lots of them do not provide the benefits or visual amenity of one huge tree.

In the meantime as well as objecting to the Order apply to fell the tree, and then, (assuming it will be refused), appeal.

TO
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Re: Provisional TPO - Any suggestions for objecting to it

Postby anmolbhatia » Wed Sep 24, 2014 4:24 pm

Thanks! Can I object to using something as vague and subjective as 'amenity value'?

How can one make an argument about amenity value as being significant or not? It is in our garden, yes visible from the street but that's it. So are many trees on the street which are not TPO'd and hence free to be felled.
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Re: Provisional TPO - Any suggestions for objecting to it

Postby Treeman » Wed Sep 24, 2014 7:28 pm

anmolbhatia wrote:We recently bought a house in a non-conservation area with a view to get works done on the house. The house has a huge mature oak tree in the front garden which didn't have a TPO at the time of buying and we wanted it to be removed after buying the house.
I contacted tree surgeons last week and seems like one of the surgeons contacted the council and council has immediately issued a TPO saying they got the information that we want to remove it and it has amenity value.
Our neighbours also had non-TPO oak trees in the past and had them removed without any issues in the last couple of years. But in our case, because council found it, they have issued this provisional TPO which we can object to within 28 days.
We do need the tree to be removed as it would be a big obstacle for our house plans. We will be happy to plant more baby trees where they would not be obstructive. any advice please.


There isn't a lot you can do about the order unless the tree is unworthy

Its not unusual to make a TPO check but its usually done discretely and only when they have been instructed to do the job

What they have done adds up to a breach of confidence and you should speak to a lawyer about recovering any losses incurred
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Re: Provisional TPO - Any suggestions for objecting to it

Postby TO » Thu Sep 25, 2014 3:19 pm

Hi
anmolbhatia wrote:Thanks! Can I object to using something as vague and subjective as 'amenity value'?
How can one make an argument about amenity value as being significant or not? It is in our garden, yes visible from the street but that's it. So are many trees on the street which are not TPO'd and hence free to be felled.
Yes you can. Come up with your own amenity assessment or use the TEMPO, Helliwell or other assessment system. Things to take into account are; size of tree; how widely visible it is; how prominent it is; condition; future life expetancy; shape; wildlife value; presence of other trees; historical value etc.

Don't forget to do an expediancy assessment whilst you're at it. What is the level of threat to the tree.

Treeman wrote:Its not unusual to make a TPO check but its usually done discretely and only when they have been instructed to do the job What they have done adds up to a breach of confidence and you should speak to a lawyer about recovering any losses incurred
How do you make discrete contact with the tree officer and avoid raising concerns when the call is to ask if the huge prominent oak in the front garden of 1 Accacia Avenue is protected. You're not asking the question because you don't intend doing anything. I'm at a loss to see where there is any loss you could claim for because someone did the job they're paid to do.
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Re: Provisional TPO - Any suggestions for objecting to it

Postby Treeman » Thu Sep 25, 2014 9:44 pm

TO wrote:How do you make discrete contact with the tree officer and avoid raising concerns when the call is to ask if the huge prominent oak in the front garden of 1 Accacia Avenue is protected. You're not asking the question because you don't intend doing anything. I'm at a loss to see where there is any loss you could claim for because someone did the job they're paid to do.



What was he doing speaking to anyone about it, it was an enquiry. No one had been instructed to do the job. No one should have been speaking to anyone
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Re: Provisional TPO - Any suggestions for objecting to it

Postby MacadamB53 » Thu Sep 25, 2014 10:20 pm

Hi TO,

How do you make discrete contact with the tree officer and avoid raising concerns

don't you guys keep a list/register that the public can consult?

Kind regards, Mac
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Re: Provisional TPO - Any suggestions for objecting to it

Postby Treeman » Fri Sep 26, 2014 7:44 am

MacadamB53 wrote:Hi TO,

How do you make discrete contact with the tree officer and avoid raising concerns

don't you guys keep a list/register that the public can consult?

Kind regards, Mac



Indeed, its in the land charges register. The powers that be are also of the opinion that the LA should be able to tell you over the phone if a property is subject to statutory protection but there is no requirement to discuss the nature of any proposed works

You can also visit the LA and view the orders if needed

The simplest way is for the LA to put the information on the internet, many already do.
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Re: Provisional TPO - Any suggestions for objecting to it

Postby MacadamB53 » Fri Sep 26, 2014 8:15 am

Treeman wrote:
MacadamB53 wrote:Hi TO,

How do you make discrete contact with the tree officer and avoid raising concerns

don't you guys keep a list/register that the public can consult?

Kind regards, Mac



Indeed, its in the land charges register. The powers that be are also of the opinion that the LA should be able to tell you over the phone if a property is subject to statutory protection but there is no requirement to discuss the nature of any proposed works

You can also visit the LA and view the orders if needed

The simplest way is for the LA to put the information on the internet, many already do.

Hi Treeman,

it was a rhetorical question ;) but thanks anyway.

Kind regards, Mac
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