Worthy of a TPO?

[Mick Dempsey]

I love the way spell check changed Adam’s ‘judge, jury’ to ‘judge Judy’

 

 

Edited January 24, 2019 by Mick Dempsey

[H]

HBC probably want to retain any tree they can due to the vast amount they had to cut down to build their new cushy grand design-esq council building [emoji23]

[Mark Bolam]

That tree will have shat itself long before Brexit is sorted out Edward.

[Gary Prentice]

On 21/01/2019 at 18:48, openspaceman said:

It strikes me this is the only reasonable option

 

1 the clock is already ticking

 

2 the TO wants it preserved but it is not of good form, though it may have public amentity

 

3 it's a liability and the owner will already have to demolish the wall for safety reasons as it's already 15 degrees out of true.

 

4 the TO will have to justify making the TPO and it will cost the council to serve it, will it go to planning committee or under delegated powers?

 

5 the owner then has 6 weeks to appeal and PINS gets involved

 

So the council have to decide is it worth the cost and the owner has to decide can he afford the appeal procedure.

if a TPO is made, an app is subsequently submitted and refused, there is no charge for appealing the refusal.

[openspaceman]

16 minutes ago, Gary Prentice said:

if a TPO is made, an app is subsequently submitted and refused, there is no charge for appealing the refusal.

That's well worth knowing. I'm a bit out of touch as I haven't dealt with a TPO since 1990 and that was a woodland one.

 

Is there any time limit on the appeal?

Edited January 24, 2019 by openspaceman

[Gary Prentice]

30 minutes ago, openspaceman said:

That's well worth knowing. I'm a bit out of touch as I haven't dealt with a TPO since 1990 and that was a woodland one.

 

Is there any time limit on the appeal?

IIRC you have to appeal within 28 days of the decision notice. 

[openspaceman]

14 minutes ago, Gary Prentice said:

IIRC you have to appeal within 28 days of the decision notice. 

So it's only free during the "representation period" that the appeal is free, that makes sense but what if the council do not make the refusal during the "representation period", at that stage there's nothing to appeal.

[Gary Prentice]

16 minutes ago, openspaceman said:

So it's only free during the "representation period" that the appeal is free, that makes sense but what if the council do not make the refusal during the "representation period", at that stage there's nothing to appeal.

Sorry, should have been clearer. 

 

The Appeal has to be made within 28 days of the refusal notice. It's immaterial whether the TPO is either 'temporary' and still within the 28day objection/representation stage or has gone on to be confirmed.

 

once a TPO (un-confirmed) has been served, the normal tree works application/consent-refusal/appeal procedure applies. You can submit a tree works application the same day that the notice is served and the LA have six weeks to determine it. If they don't determine/reach a decision you can also appeal on the grounds of non-determination I.e. They haven't reached a decision. All FOC

 

So, you may be in a position to get consent to prune (if that's an option you choose) a tree that later doesn't have its TPO confirmed.

 

Anyway, the appeal is FOC whenever it's submitted.

Edited January 24, 2019 by Gary Prentice
More info

[Gary Prentice]

4 minutes ago, EdwardC said:

 Eight weeks for determination of a TPO application. Appeals are running at around 9 to 12 months to determine. 

Good job your here to correct my mistakes 

 

it it was around six months last time I appealed a refusal.  I'm sure after we leave the EU it'll be down to 4 weeks 

[Adam M]

8 hours ago, Gary Prentice said:

The Appeal has to be made within 28 days of the refusal notice. It's immaterial whether the TPO is either 'temporary' and still within the 28day objection/representation stage or has gone on to be confirmed.

If its not yet confirmed, PINS won't validate the appeal but may hold the appeal in abayance until confirmed. I've been in the situation where I've not been able to find evidence of confirmation on a pre-me tpo and had to knock up a new tpo, grovel to PINS and let them know once confirmed. Appeal opened and subsequently dismissed. Everyone's a winner. Apart from the appellant.