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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 5921
Experience:  Owner at James Bruce Solicitors
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Second opinion] We have had a tree preservation order served

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second opinion] We have had a tree preservation order served on all our trees and want advice on how to phrase our objection
Customer: replied 19 days ago.
I want to write an objection to the notice which has been served, saying it is unreasonable to suddenly place this preservation order when not done before, and only after we have recently bought the property. Also that it is unreasonable to make it a blanket order covering all trees on the land and not just the important ones, and that it will devalue our property. As context we have bought a grade one listed building 6 months ago which has been neglected for 20 years and now the council has someone they can see is starting to repair the building they have placed this preservation order on all trees. Hoping you can advise on some points to inc and how to phrase it
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Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

If the local authority have not attended and inspected the trees, that would be the starting point to your objections.

That they have failed to inspect the trees but simply placed a blanket notice covering everything.

The authority should be able to explain to landowners why their trees or woodlands have been protected by a TPO, if they have not done this, that would be another reason to object.

The Secretary of State's view, is that TPOs should be used to protect selected trees and woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public.

The local authority  should be able to show that a reasonable degree of public benefit would accrue before TPOs are made or confirmed.

The trees, or at least part of them, should therefore normally be visible from a public place, such as a road or footpath, although, exceptionally, the inclusion of other trees may be justified.

Can I assist or clarify anything further?

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Customer: replied 19 days ago.
this is the draft of our objection, please can you advise if it seems ok, and if we need to alter any wording to be more effective, thanksWe are writing to object to the notification of a Tree Preservation Order that has been made on the 21st October 2021.
We are objecting for the following reasons;
Firstly, the council has not attended the site and inspected any of the trees prior to placing this TPO, instead of inspecting the trees there has been a blanket notice that covers the whole area. We believe an inspection should be made and consideration as to which trees should be included if any. To put a blanket cover on all the trees is obstructive to the future maintenance the grounds as it includes many trees which are not of the same importance as some of the original ones, and do not make any significant contribution to the area.
Secondly, the public do not have access to the grounds as they are privately owned and therefore the TPO does not have public benefit, the grounds in which all the trees are situated is not visible to the public as they are surrounded by a large private estate with no public access.
We feel if this TPO was felt to be necessary it should have been put in place many years ago, and that as it was not in place when we purchased the property in May 2021 that it will have a negative impact on the value of the grounds which we purchased, should we consider selling the property.
The building and grounds have been listed for many years and therefore, if a TPO was felt to be necessary it should have been put in place then, this would have then been an issue which we could have taken into consideration before purchasing the property.
The surrounding estate has many trees, none of which have been subjected to a blanket TPO cover, therefore this seems unreasonable to enforce on this small part of the estate and area only.
We have no intention of removing any trees and have not touched any of the trees, this property is in need of a massive renovation to save it, and our sole intention currently is to save the building and grounds from further decline.

The letter seems fine.

You may need to include a small line as to why you are appealing out of time. There is a strict 28 days to lodge an appeal.

Customer: replied 18 days ago.
The appeal needs to be in by the 23rd according to the letter

Then you still have time.

james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 5921
Experience: Owner at James Bruce Solicitors
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