TPO - identifying VERY specifically what it covers.

TPO - identifying VERY specifically what it covers.

Postby Andyhhh » Thu Sep 07, 2017 6:28 pm

Hi Folks,

Id like to pick your collective brains please.

I have been supplied by the council what appears to be an 'Area TPO' affecting a property I'm interested in purchasing, extracts are copied below. The schedules seems to indicate that only 4 specific types of trees are covered by the TPO.

The Government DC & LG TPO website (para 29, but unable to link due website restrictions), state that:

AREA TPOs 'will protect only those trees standing at the time it was made'.

also:

'Authorities may either protect all trees within an area defined on the Order’s map or only those species which it is expedient to protect in the interests of amenity'.

The difference between Woodland, Area and individual TPOs are not exactly clear, either in the DC & LG website, or the source document, The Town and Country Planning (Tree Preservation)(England) Regulations 2012. There are specific reasons that I do not want to approach the council with these questions as of yet, hence asking for opinions here instead.

My questions are as follows:

1) How can I be sure that a species of tree that is not listed in Schedule 1 is not covered?

2) Can a geographic are ever be covered by 2 different TPOs simultaneously and therefore creating the possibility that the council haven't informed me that there is another, overarching TPO?

3) Would you recommend - or be within my rights and legally protected to fell a species of tree that is not listed in the TPO, with no further reference to the council?

Many thanks in advance.

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Re: TPO - identifying VERY specifically what it covers.

Postby ukmicky » Fri Sep 08, 2017 12:50 am

Wait for TO , to come on and answer. He normally checks in every few days.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: TPO - identifying VERY specifically what it covers.

Postby arborlad » Sat Sep 09, 2017 9:11 am

ukmicky wrote:Wait for TO , to come on and answer. He normally checks in every few days.




TO has already answered in the other thread.
arborlad

smile...it confuses people
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