Had tree professionally cut but did not know it had a TPO

ognum

I have just asked for quotes to cut back two trees on a tenanted property, neighbour wants them done and I'm trying not to be in dispute in case I decide to sell.

Both companies have said they will apply to the council if instructed to check for preservation orders.

The tree man at our local council is never available, I have emailed him but they do not make it easy!

N1AK

Debt_Free_Chick wrote: »

Under caution is the same as being formally interviewed by the Police, when you get the caution that "anything you say can be used in evidence and anything you don't say can not later be used as evidence" in Court, if you are prosecuted.

Basically, tell the truth and the whole truth.

I'd agree with telling the truth, I'd be slightly less proactive on the whole truth. Don't intentionally mislead them, but don't go out of your way to make the case against you stronger

Unless you attend with a legal representative (which you should certainly have when being interviewed under police caution) then I would stick to giving clear factual answers as politely as possible.

jjlandlord

agrinnall wrote: »

It's the OP's own tree, not the neighbours, so absolutely not impossible to know if there was a TPO.

The whole directory of TPOs is public. It does not matter whose tree it is...

ruggedtoast

I cant believe some busybody's job is ruining people's lives over pruning trees. All these job losses in the public sector but look what doesn't get cut.

movilogo

Before reading this thread today, I was not even aware of what TPO is!

equus

As it is difficult to ascertain if a tree is subject to a TPO, the moment contact is made with the local council, the answer is nearly always "presume the tree is subject to a TPO", then normally a TPO is placed on the tree. So the system actually encourages people not to search for a TPO or contact the council!

mufi

equus wrote: »

As it is difficult to ascertain if a tree is subject to a TPO, the moment contact is made with the local council, the answer is nearly always "presume the tree is subject to a TPO", then normally a TPO is placed on the tree. So the system actually encourages people not to search for a TPO or contact the council!

Indeed; that's how my tree acquired its TPO. A previous owner chopped down one oak years ago, and was then advised to check with the council before removing the remaining one. They responded with a TPO.

Gwhiz

ruggedtoast wrote: »

I cant believe some busybody's job is ruining people's lives over pruning trees. All these job losses in the public sector but look what doesn't get cut.

The issue is that without these TPOs people would, and do, cut down trees without any thought for impact on neighbours, surrounding area etc.

Tree officers can be a right pain in the !!!! but I'd prefer that to seeing trees felled all over the place.

SnooksNJ

Gwhiz wrote: »

The issue is that without these TPOs people would, and do, cut down trees without any thought for impact on neighbours, surrounding area etc.

Tree officers can be a right pain in the !!!! but I'd prefer that to seeing trees felled all over the place.

I prefer people not getting a criminal record for mistakenly trimming back a tree or not having electricity for 2 weeks because a protected tree falls on a powerline.

whalster

Just a thought on this , three months ago my local council heavily lopped a tree on a piece of my land with a TPO on it I knew this because they sent me a letter informing me they had done this in error without planning permission .
Th tree is an ash tree and sections were overhanging a small housing estate road .

I took the opportunity to apply of planning to fell the tree which has been granted so removing the TPO .

If I were you I would apply for retrospective planning permission to fell or lop this tree ,it is free for this type of planning application but it must be supported by an arboreal report these are usually about £300 but if your tree surgeon was qualified they will be able to supply one of these and evidence that the work needed doing .

Luckily my council had this bit done by their in house people you would imagine as an #### saving measure .

Don't be intimidated by these people they are public servants you are paying their wages !