Objection raised after 6 weeks notice

[Puffingbilly413]

Morning all,

 

A client has given the council the required 6 weeks notice to remove 7 trees on his property within a CA.  That six week period has passed without the council making any comment at all (the notification was lodged on the e-planning portal).

 

I emailed the TO just to double check they had no issues and it seems the post is gapped or they are on long term absence.  Either way, I have no way of obtaining a view from the LPA.

 

Works are scheduled for the end of this month (nearly 9 weeks after the notification was put in).  This morning an objection was made on the e-planning site (after the 6 weeks, therefore) by a member of the local community council (not 'the' council).

 

Question is - can we go ahead and carry out the specified works or must we now wait?  I'm also slightly concerned that a TPO might be created 'in the background' and we don't get advised of it before works go ahead.  In my view the trees are not worthy of a TPO based on any of the usual criteria but that of course is just my view.

 

Any advice greatly appreciated.

 

Ed.

[Gary Prentice]

If the notice of intent contained all the necessary information and was corrected submitted, six weeks have elapsed and no TPO served, crack on now. 

 

LA can TPO at any time, and are probably rushing around getting one written now, particularly if there's objections from a community councillor. 

 

you're 100% safe to proceed, don't delay or your client may end up with an order and blame you for not being on the ball. 

 

Have a a look at theCA part of the TCPA regs where it clearly explains the defence of informing and the six week period. You only contravene once a TPO is in place, doesn't matter if the LA is slow, shoddy, short staffed - that's their problem everyone else doesn't have to give them leeway

[Puffingbilly413]

Gary,

 

Thanks for the reply - makes sense to me.

 

I actually got a call back from the council just now from the person covering the desk in the TO's absence.  They do admit that there's not much they can do but have asked me for a couple of days' grace to look at it - noticed the case as my email to the TO had been auto-forwarded.

 

As it happens, we're not in a position to carry out the works for another two weeks regardless.  I had expected the TO (before I knew they were off sick) to vist the site and decide they had no objection. Hopefully this will still be the case!

 

I know I'd be within my rights to go ahead regardless but there is also the future to think of when it comes to other works in CAs and with TPOs on them.  Fingers crossed.

 

Cheers,

 

Ed

 

 

[Gary Prentice]

4 hours ago, Puffingbilly413 said:

uncil just now from the person covering the desk in the TO's absence.  They do admit that there's not much they can do but have asked me for a couple of days' grace to look at it -

To be blunt, you're working for the client. 

 

If the Community council, whoever they are, are opposing the felling it may be enough for the council to TPO the site.

 

to give grace to the council cos of their problems isn't for you to give. If I were the client and ended up having to keep trees because of an agreement between a contractor and TO I'd be furious. 

 

Id tell the client what's going on, the opposition from the Community council and the possibility of a TPO being served. If they want the job started immediately and you can't do it at least they can find another contractor. Yeah, you might lose a job but if a TPO is served you'd lose it anyway.

 

Proffessionally, your first obligation. Is to your client. if you have problems with Planners or TOs because of that, well, they need to be a bit more grown up and understand that.

[swinny]

Didn't really want to say this but go run a chainsaw around the bottom to ring bark. Shady tactics and not something i've done to be fair. As Gary said your working for the customer not the council. The council workers will always be paid..... they may come out and tpo tree and you potentially loose the work... its no skin off their nose which ever way the hammer falls.

 

I did speak to a Knob of a TO once and they told me no con area and tpo..... but it depends what you want to do he said..... pruning is OK but if you want to remove we may protect them. This is friday afternoon....

 

My customer wanted the tree's removed, spoke to them that evening and went and felled them the next morning  

Edited November 15, 2018 by swinny

[Wonky]

I couldn’t agree more, if you have done the paper work correctly, then go ahead, ring bark them. And that will insure your customer gets what they want to pay you for. 

[Puffingbilly413]

Sorry been away from the internet.

 

On 15/11/2018 at 21:06, Gary Prentice said:

To be blunt, you're working for the client. 

 

If the Community council, whoever they are, are opposing the felling it may be enough for the council to TPO the site.

 

to give grace to the council cos of their problems isn't for you to give. If I were the client and ended up having to keep trees because of an agreement between a contractor and TO I'd be furious. 

 

Id tell the client what's going on, the opposition from the Community council and the possibility of a TPO being served. If they want the job started immediately and you can't do it at least they can find another contractor. Yeah, you might lose a job but if a TPO is served you'd lose it anyway.

 

Proffessionally, your first obligation. Is to your client. if you have problems with Planners or TOs because of that, well, they need to be a bit more grown up and understand that.

Gary,

 

True. But - I'm just the contractor for the works and didn't submit the notification. I realize you don't have all the detail. I was trying to keep it as brief as possible.

 

The notification was vague and I'd recommended a re submission to make sure the correct trees were identified. The client was happy to wait for the TO to come back with any queries and go from there - except they're off work and that didn't happen.

 

Now six weeks have passed and the client wants to press on. I could do that but the risk is that I still get hauled up for taking down something that hadn't been notified. Plus the stand in TO is now aware.

 

I want to stay out of court, really.  Plus, yes I do work for the client but I work for myself more and would like to stay in business. I can advise people to amend their plans and make them more accurate but if they don't then they don't.

 

Sorry if this is disjointed - typing on a tablet ain't my forte.

 

Ed

[Puffingbilly413]

And the client can get another contractor tomorrow to do the job. Nothing changes that.

Edited November 17, 2018 by Puffingbilly413

[Gary Prentice]

8 hours ago, Puffingbilly413 said:

Sorry been away from the internet.

 

Gary,

 

True. But - I'm just the contractor for the works and didn't submit the notification. I realize you don't have all the detail. I was trying to keep it as brief as possible.

 

The notification was vague and I'd recommended a re submission to make sure the correct trees were identified. The client was happy to wait for the TO to come back with any queries and go from there - except they're off work and that didn't happen.

 

Now six weeks have passed and the client wants to press on. I could do that but the risk is that I still get hauled up for taking down something that hadn't been notified. Plus the stand in TO is now aware.

 

I want to stay out of court, really.  Plus, yes I do work for the client but I work for myself more and would like to stay in business. I can advise people to amend their plans and make them more accurate but if they don't then they don't.

 

Sorry if this is disjointed - typing on a tablet ain't my forte.

 

Ed

THE BELOW DIDNT LOAD EARLIER FOR SOME REASON

 

 

 

This changes things somewhat, if the initial submission didn't contain sufficient detail to correctly identify the trees. 

 

Normally the LA would be coming back to the applicant for more information, all within the six week notification period. So everything stays on track. (Always better to be the agent than risking the owner cocking up the notification)

 

sounds like a right right can of worms, tread careful.

[Puffingbilly413]

7 minutes ago, EdwardC said:

Was the client told that the S211 contained insufficient information.

If so I'd stay well clear. If you're not happy with the notification I'd stay well clear. If your client doesn't want clarity, why. You could be opening a can of worms.

 

Never trust the client.

Hi Edward,

 

Yes - I told them it was too vague and that the TO would inevitably request clarification.  Ordinarily in my experience with this LPA, that would have happened before 6 weeks has passed.  As I've said above, staff absence meant this didn't happen.  I sought clarification from the TO as to whether they has any issues with the standard of the original notification (I hadn't realised the TO was off and no-one had looked at it at all at this stage).

 

I did go back yesterday and took some photos and submitted a brief email re the condition of the trees (lapsed, outgrown beech hedge with historic pruning and breakout wounds now decaying - K deusta on 2 and changes in soil levels following earlier building works; 2-3m from the house & extension).

 

I'm just waiting for the council to come back to us.

 

Reading back up the thread - apologies to Gary; I should have given more detail on the background!