Appeals and conservation areas...

[benedmonds]

This has always annoyed me but after reading through the recent thread on council legal departments I would check if I have it right...

 

 

A 211 notice is made for a tree in a conservation area notifying the council of works to take place after 6 weeks.

During the 6 weeks the council TPO the tree.

You therefore want to make an appeal.

As I understand it you could either contest the TPO

(I am not sure how this is done and might not be relevant if wanting to prune tree)

or (and this is what I do) re-apply, using exactly the same form to undertake exactly the same works, when you know the outcome and wait another 6-8 weeks for them to formally refuse permission.

Then you can go to the planning inspectorate who will take 27 weeks (according to their web site)but are more reasonable than many TO's..

 

Therefore 6+8+27 so it is the best part of a year before you get a decision..

[daltontrees]

There's no right of appeal against the making of a TPO.

 

As you suggest, make application for the work on the TPO'd tree, wait for refusal or deemed refusal, appeal and wait again.

 

Please remember the information needed to support a TPO application is considerably more onerous than for a CA notification.

[AA Teccie (Paul)]

Hi Ben,

 

28 days from being served the TPO to raise objections, in writing, and then the situation often goes to a planning committee for approval to confirm, or not.

 

Thereafter, as has been said by Jules, you can only access an appeal after receiving a refusal to n application.

 

Re- timescales, it could indeed by a while so make sure you have a caveat on your quote form saying valid for 30 days, or similar.

 

Cheers,

Paul

[Chris at eden]

I think a little confusion in terminology. There is no appeal route against the making of a TPO but you can make an objection within 28 days. The council then need to consider your objections when making decision on confirmation.

 

As for appeals. I know it says 27 weeks on the PINS website but they don't usually take that long, especially if you go fast track. If you go fast track you will get an arb consultant, if you go hearing you will get a planning inspector. In my experience anyway.

[Chris at eden]

Hi Ben,

 

Thereafter, as has been said by Jules, you can only access an appeal after receiving a refusal to n application.

 

 

Cheers,

Paul

 

You can also appeal consent subject to conditions, e.g. tree replacement, or TRNs for that matter.

[Gary Prentice]

EDIT. I need to type quicker.

 

 

After the TPO is served, objections (and representations) may be made which the council must consider before confirming the order. The order must be confirmed within six months. Usually the objection has to be submitted within 28 days.

 

If you don't bother objecting, submitting an application (TPO'd Tree)for the same works is probably pointless -the council served the TPO because they objected to the 211 notice and therefore are unlikely to consent another app for the same specification.

 

Likewise, the PINs inspector is unlikely to take your side unless the LA are being ridiculous in their decisions.

 

 

What are you wanting to do to the tree?

[daltontrees]

I think a little confusion in terminology. There is no appeal route against the making of a TPO but you can make an objection within 28 days. The council then need to consider your objections when making decision on confirmation.

 

As for appeals. I know it says 27 weeks on the PINS website but they don't usually take that long, especially if you go fast track. If you go fast track you will get an arb consultant, if you go hearing you will get a planning inspector. In my experience anyway.

 

And I suppose there is some possibility that whereas a TPO with no objections would be approved under delegated powers quickly but an objection might ofrce committee procedure which I would guess would add a month. So it may be quicker not to object.

[Gary Prentice]

And I suppose there is some possibility that whereas a TPO with no objections would be approved under delegated powers quickly but an objection might ofrce committee procedure which I would guess would add a month. So it may be quicker not to object.

 

Or an objection might mean that no-one knows what to do and the order doesn't get confirmed at all - crack on after six months!

 

No-one could tell me what the procedure actually was and I still don't know!

[benedmonds]

EDIT. ...

Likewise, the PINs inspector is unlikely to take your side unless the LA are being ridiculous in their decisions.

 

PINS inspectors often much more reasonable and often take a sensible approach. Some TO's are ..overly protective IMO

[Gary Prentice]

PINS inspectors often much more reasonable and often take a sensible approach. Some TO's are ..overly protective IMO

 

Sorry, I may be overly presumptive, but I did say unless the LA were being ridiculous! All good.