TPO Application time......

[Khriss]

17 minutes ago, Gary Prentice said:

Easy done, going to the wrong park entirely.

......is that a historic admission Mr Prentice... ? k

[benedmonds]

18 minutes ago, Jon Heuch said:

As Gary has indicated, phone the council let them know of the date the council received it;..... It was useful to remind councils of the correct procedure.

I spoke with the TO and their opinion was that "they hope to get it done in 8 weeks."

I thought it was a statutory duty to do within 8 weeks and when I mentioned this the reply was "you can appeal for non-determination" and then he hung up on me.... 

[sbyorkshire]

We scan and send to the client for them to put up, if they dont, it's at their risk of it been checked and can cause delays.

Non-determination if not decided in time (TPO), The LPA don't like this against their 'performance '...................stats.

 

[Chris at eden]

10 minutes ago, sbyorkshire said:

 

Non-determination if not decided in time (TPO), The LPA don't like this against their 'performance '...................stats.

 

Even if the council take another 10 weeks to determine the application, it would still be quicker than going for non-determination.  The pins aim to turn around appeals within 27 weeks (once validated), and I would emphasise the word aim.  In reality they often take longer.     

[daltontrees]

8 + 27 = 35 weeks. 8 months. Quite frankly ridiculous.

Is there any reason why a Council can't determine an application after appeal and have the appeal withdrawn (assuming it's an approval)?

Last time I threatened a non-determination appeal the TO went out to it the next day and approved it the day after that.

Appeals in Scotland rarely take more than 3 months, usually only 2. I've never seen an appeal against non-determination. TPOs seems to be rarer up here though.

 

[benedmonds]

3 hours ago, daltontrees said:

8 + 27 = 35 weeks. 8 months. Quite frankly ridiculous.

That would be a good turnaround for a regular appeal in my experience.

I have had some go on for over 12 months...

[Gary Prentice]

On 23/05/2019 at 13:55, daltontrees said:

8 + 27 = 35 weeks. 8 months. Quite frankly ridiculous.

Is there any reason why a Council can't determine an application after appeal and have the appeal withdrawn (assuming it's an approval)?

Last time I threatened a non-determination appeal the TO went out to it the next day and approved it the day after that.

Appeals in Scotland rarely take more than 3 months, usually only 2. I've never seen an appeal against non-determination. TPOs seems to be rarer up here though.

 

I'm pretty certain that, in England, a LA can determine after an appeal for non-determination is started and once they have, the appeal stops. Then there is the usual option to appeal the decision or conditions as a new, separate, appeal.

On 23/05/2019 at 17:13, benedmonds said:

That would be a good turnaround for a regular appeal in my experience.

I have had some go on for over 12 months...

I haven't submitted to PINs for a couple of years but they've never been that long.

Edited May 25, 2019 by Gary Prentice

[Gary Prentice]

On 23/05/2019 at 12:52, Chris at eden said:

Even if the council take another 10 weeks to determine the application, it would still be quicker than going for non-determination.  The pins aim to turn around appeals within 27 weeks (once validated), and I would emphasise the word aim.  In reality they often take longer.     

Exactly. As I'm sure that the LA can determine after a ND appeal is initiated, there's no encouragement for the LA to be efficient. The appeal process just allows them a lot longer to determine. The only downside I can see, for the LA, is that it spoils their statistics. 

[daltontrees]

Thanks Gary. The abuse of the appeal process to buy extra time is only good if it ends up as an approval, otherwise the Council has a deemed refusal to defend and and actual refusal with reasons. Even an approval could be appealed is the conditions are considered unacceptable.

 

These several years of austerty and cutbacks and disappearance of TOs has left Councils shameless about not delivering even statutory service turnarounds.

 

[openspaceman]

On 25/05/2019 at 11:41, Gary Prentice said:

I'm pretty certain that, in England, a LA can determine after an appeal for non-determination is started and once they have, the appeal stops. Then there is the usual option to appeal the decision or conditions as a new, separate, appeal.

Just revisiting this @Gary Prentice: does the time of 8 weeks for non determination only start after the application is validated?

 

I'm a bit interested as my boss has just tried to make a 211 notification via the planning portal, in fact he gave up and handed it in by letter.

 

He says what it showed was that an application via the portal cannot proceed without a tree report and that has to be by someone with a "qualification". So no point trying to make a notification as it seems to use the same criteria as needed for a TPO application.

 

In a past job I seldom worried about TPOs as we were working on behalf of a statutory undertaking, I'd liaise with the TO and then getb on with the work.

 

My friend says he writes a report and signs it off and it's never queried, he has a BSc in geology.

 

So if the application gets made, is validated and then the report is queried does everything have to go back to day one? Or will the PINS judgement  take no note of a poor reason for the work.