211 notice

[percy verance]

Can anyone shed some light on this for me please. I filled out the form on the planning portal to do work in a conservation area on the 14th January. I've not heard anything back from them until I received the letter below today. I'm a bit confused as they have 6 weeks to make a decision from the date of the application yet this letter seems to say that they will make a decision in 21 days from the date of this letter which is the 22nd February. As this will be way after the 6 week period I'm not sure if I can book the work in as I had planned for the start of march? Help please ?

[Gary Prentice]

I don't use the Planning Portal often, but I believe the notification date is the day after you press 'Submit;. THis seems to be verified by the wording - 'registered as being valid on 15th January'

 

This correspondence appears to be more for the use in TPO applications (someones used the wrong form?), as the LA don't make a decision as such- they oppose it and TPO, or  either let you know that they don't or ignore is whereas you cart on. Furthermore, you can't appeal if they don't determine or reply - you do the works as notified. 

 

If they haven't served a TPO after six weeks, crack on. There is little that the LA can do, because you have notified and there is no TPO in force.

[percy verance]

Thanks Gary. I ticked the box for 'work in a conservation area' box so I'm not sure why I got this response? So would you just carry on regardless after the 6 weeks? 

[percy verance]

I've just double checked the planning portal and I've definitely ticked the work in conservation area box not the TPO one.

So if I was to crack on before the 'decision' was made there would be no comeback on me in your opinion? I'm just a bit cautious on this one as the tree officer is renowned for being a bit of a stickler!  

[Gary Prentice]

The wording of the regulations is along the lines of, ‘notice given and no TPO in place’.

 

If you’ve submitted a notification, six weeks have elapsed and a TPO hasn’t been served....

 

 

Maybe I should add, the regulations actually say, ‘it shall be a defence...notice given and no TPO’ which makes you feel on the wrong side of the law to start with. 

 

 

Rereading the council response. 

 

Are you sure that the tree(s) aren’t covered by a TPO? It wouldn’t be the first time that a council have received a notification (for a CA) when it should have been an application for a TPO’d tree within a CA!

 

Some will then treat the notification as an application, rather than invalidating it and requesting a new application. But in that case, the TPO rules apply and you’d be in contravention if you did the works after six weeks, in the mistaken belief that you’d served notice.

 

Because of the LA response, which hopefully is an error on their part, I would suggest you check/search again - just in case.

You wouldn’t be in a good position, having received that reply, if the tree was under a  TPO and you carried on under the assumption that it wasn’t.

 

If the TO is a stickler, show your own professionalism and clarify the situation with him. It’s a poor situation if the council are issuing misleading and confusing acknowledgements/validations out.

[onetruth]

On ‎25‎/‎02‎/‎2018 at 20:07, percy verance said:

I've just double checked the planning portal and I've definitely ticked the work in conservation area box not the TPO one.

So if I was to crack on before the 'decision' was made there would be no comeback on me in your opinion? I'm just a bit cautious on this one as the tree officer is renowned for being a bit of a stickler!  

I agree with the above comments, if there is no TPO on the tree, you should be fine - you are correct about the rules and the 6 weeks starts from 15th Jan.  I also agree that the wording of the response seems wrong for a S211 notice, probably is a clerking error in using a TPO response form by mistake.

 

BUT.... If the TO is "a bit of a stickler" (euphemism?), why not phone the LPA and ask to speak to him/her yourself?  When you do, be extra courteous and grateful for all the help provided.  I can't imagine it costing you any delay, it would give you peace of mind, and may gain a beneficial relationship.