211 Notice

[john k]

That "Notice of refusal" is meaningless. The LPA's only option is to serve a TPO on the tree if they believe that the proposed work is inappropriate.

[Will Heal]

Now I'm really confused, that is meaningless? Why would the council issue it then? Are they just trying it on? If they do not want the tree felled then why don't they just put a tpo on it ? Are they trying to just buy more time?

 

 

 

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[kevinjohnsonmbe]

Now I'm really confused, that is meaningless? Why would the council issue it then? Are they just trying it on? If they do not want the tree felled then why don't they just put a tpo on it ? Are they trying to just buy more time?

 

 

 

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Read para 3 (a) here Will:

 

http://www.legislation.gov.uk/ukpga/1990/8/section/211

 

and then think, you wouldn't actually need a defence, since there was no offence if valid notice had been served and the expiry of 42 days had passed and no TPO had been initiated.

[john k]

They may just be incompetent. I suspect that they may have got confused about the difference between a s211 notice and an application for work on a tree with a TPO.

[Will Heal]

Hmm, best go and put a gob cut in it in the morning then just in case they were thinking of putting a tpo on it.

 

Surely if they don't want it felled and I do it, they will want to try and prosecute me for it? Makes me wonder why they don't just stick a tpo on it. Is it a difficult thing for them to do? Is it worth the risk?

 

 

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[Will Heal]

They may just be incompetent. I suspect that they may have got confused about the difference between a s211 notice and an application for work on a tree with a TPO.

 

 

How can they be Incompetent? They deal with sort of thing every day and even I know the difference.

 

 

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[Will Heal]

Read para 3 (a) here Will:

 

http://www.legislation.gov.uk/ukpga/1990/8/section/211

 

and then think, you wouldn't actually need a defence, since there was no offence if valid notice had been served and the expiry of 42 days had passed and no TPO had been initiated.

 

 

Thanks Kevin, I see what you are saying, I will contact the customer and see if the council have sent a tpo notice since as I'm pretty sure is is the intent of the council to put a tpo on it as they have recently put one on a similar beech next door

 

 

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[benedmonds]

How can they be Incompetent? They deal with sort of thing every day and even I know the difference.

 

 

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Some good, some bad.. I think some would rather not do paperwork for a TPO and just try it on. While others don't know the difference. One of my pet hates is TO's who give or deny permission for works when I am only notifying them.

[Gary Prentice]

Thanks Kevin, I see what you are saying, I will contact the customer and see if the council have sent a tpo notice since as I'm pretty sure is is the intent of the council to put a tpo on it as they have recently put one on a similar beech next door

 

 

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Sorry to be blunt, but they can intend to what they want. The only way a LA can object to notified works, a section 211 notice, in a Conservation Area, is to serve a TPO. They can't make up their own rules and 'allow' alternate works.

 

Even the title on that response is incorrect. It isn't an Application - no-one is applying to fell, you're notifying that you intend to unless they oppose it by serving a TPO.

[skyhuck]

I think some may be incompetent, but some I'm sure try to wield more power than they actually posses.

 

One LA near me is regularly stipulating conditions when replying to 211 notices, i.e. replacement tree.

 

I have informed the clients to simply ignore the condition.