By appointment only: Croydon Council’s tree preservation orders are not as accessible as the law demands
CROYDON COMMENTARY: The council made its public ‘access’ area at Fisher’s Folly appointment-only today.
But as DON WHITE found out, even before the covid pandemic, our local authority has been most selective about how it fulfils its legal responsibilitiess at the council offices
There are a number of areas where a local authority is required by law to keep their offices open.
One example I have experienced is in relation to the tree preservation orders – knowns as TPOs – under The Town and Country Planning Act (Tree Preservation) (England) Regulations 2012 [UK Statutory Instruments 2012 no.605].
This law states explicitly “a copy of the order shall be made available for inspection, free of charge, at all reasonable hours, at the offices of the authority by whom the order was made; and where an order is made on behalf of an authority, it shall be made available for inspection also at the offices of the authority on whose behalf it was made”.
So, by law Croydon must keep a register of preserved trees and make it available to any member of the public asking to see it.
I am sure there are similar legal requirements for other areas of the council’s responsibilities.
In 2019, I visited the council offices on a working weekday just after lunch and asked to see the register of tree preservation orders which Croydon Council is required to keep.
I was denied access to the council offices, despite having with me a copy of the Act and statutory instrument supporting my right. The council officials refused even to come down and meet me, and would only converse with me over the house phone.
I made a formal complaint about this to the chief executive, but was ignored.
No Access Croydon: the council has restricted access to its public areas long before this week
I took up my case with my MP, but “Rural” Steve Reed is not much interested in country matters. He only referred me back to the council. Council officials then claimed that they could not allow me into Bernard Weatherill House because of “the lockdown restrictions”.
As my visit had been in 2019, I believe that council planning officers were perhaps trying to seek credit for their foresight in predicting the pandemic.
I was told that I had to make an appointment and as no other course of action seemed likely to succeed, this is what I did. When I turned up at the council offices on the day of my appointment, I was denied access again.
I was forced to stand in a queue while it was snowing, while I listened to young mothers in front of me shouting into a stainless steel post about their medical problems, housing and health conditions and other details of hardship.
In the event, I did not gain access and again I complained in writing to the chief executive. I have received no reply.
I formed the opinion that no register of preserved trees exists, so it is a waste of time asking to see it.
I have complained again to the chief executive and to my MP, but received no replies.
It would appear that Croydon has been not complying with the law for many years.
But what does one expect from a council which has no interest in its residents?
Read more: No Access Croydon: Kerswell closes off Fisher’s Folly to public
Read more: They voted to raise your Council Tax, then to increase their pay
Read more: Council Tax hits £2,500 per year as debts continue to mount
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Kerswell never replies to residents’ direct emails. Recently I emailed the CEO of an international airline and received a personal reply the same day within ten minutes. Exceptional maybe. That just would not happen with Croydon Council. Officers need to take control of unusual cases acting swiftly and accurately and keeping all parties informed at all times. Is this asking too much ?
Disgusted of South Norwood
Appalling. A banana republic treats its taxpayers better
The rule the author quotes does not state ‘a register’, it states ‘a copy of the order’ – i.e. the singular order concerning a single protected tree. A quick glance at the council website shows that the method they use is compliant: you send an email to a given address to find if a particular tree is protected and set up an appointment to view the order if so. Requiring an appointment doesn’t mean something hasn’t been made available. The author interprets ‘make available during reasonable hours’ as ‘anyone can walk into the office and demand it on the spot’, which is a bit of a leap. It’s unclear why the author wasn’t able to attend the appointment they arranged, but reading between the lines it sounds like there was a long queue for entry so they gave up and left. It’s reasonable to be frustrated about that, but it doesn’t break the law.
I don’t work for the council, I was just interested in the subject and wanted to see if they really did break the law. Turns out not. At least not on this particular subject.
That’s not what Don says at all.
He made an appointment, as the council required him to do at that time, yet was still denied access to the building and the register or order.
Now apply an appointment system to every potential visitor to the council offices – including those in need of urgent help.
At a well-run, properly staffed local authority, that system could work. But at a council which seeks to make itself evermore remote from the people it is supposed to serve, and cheaper, such as Croydon? Probably not
If only there was an elected Mayor someone could address their complaint to.