Appeal against refusal to fell - direct contact structural damage

[Gary Prentice]

15 minutes ago, EdwardC said:

Isn't the appeal, assuming it's fast track, dealt with on the basis of the information supplied in the application. If more information comes to light, or things need a deeper inquiry then ask for a hearing.

I haven't gone to the PINs site yet to check on any conditions, but I've previously elaborated on the application and provided new information without anyone commenting on it. Don't know 100%, it's been a while.

 

I've spoke to the TO this morning, just about the different TPO designations - he's not sure why the determination has a different TPO no. to the one he gave me when I searched. But beside the point.

 

Yes, they'd like to retain it but if after an exploratory dig or subsequent to further information retention doesn't appear practical, he's willing to meet up and review the decision.  I can't ask fairer than that. He is acknowledging the difficulties and says it was a difficult decision but it's seeming that he's happy enough to let someone ultimately decide. 

[Khriss]

1 hour ago, kevinjohnsonmbe said:

 

Fixed that fix for ya ?

...it's on the cards, now the Skyliner rig is coming together yurt , Series II n deisel engine coff k

[kevinjohnsonmbe]

3 hours ago, daltontrees said:

I'll join you in the dock. You'd win. Tell the head TO to come ahead if he thinks he's hard enough. Tell him to bring a dictionary and a text book on elementary english. And his mammy too.

I was making the sandwiches and planning a road trip too! ?

 

Darn it, looks like Gary has found a way through and we’ll have to wait ??

[kevinjohnsonmbe]

2 hours ago, Gary Prentice said:

I haven't gone to the PINs site yet to check on any conditions, but I've previously elaborated on the application and provided new information without anyone commenting on it. Don't know 100%, it's been a while.

 

I've spoke to the TO this morning, just about the different TPO designations - he's not sure why the determination has a different TPO no. to the one he gave me when I searched. But beside the point.

 

Yes, they'd like to retain it but if after an exploratory dig or subsequent to further information retention doesn't appear practical, he's willing to meet up and review the decision.  I can't ask fairer than that. He is acknowledging the difficulties and says it was a difficult decision but it's seeming that he's happy enough to let someone ultimately decide. 

Made me wonder about individual/ area / group because it might have been relevant to argue that removal of an individual within an area / group might not significantly denude amenity - plus, if an ‘old’ area, it might also have been relevant to argue that it should have been updated to accurately reflect current state. 

 

Sounds like good sense may be starting to prevail in the face of determined and applied reasoning anyhoooo ??

[Gary Prentice]

14 minutes ago, kevinjohnsonmbe said:

Sounds like good sense may be starting to prevail in the face of determined and applied reasoning anyhoooo

If only.  The TO is reasonable and I appreciate what has been said today, but without digging up next doors garden, the verges and the clients - going to a lot of expense and trouble, I can't see how I'm going to provide any evidence that will change anything. 

 

I don't know what the relationship is, even if there is, with the neighbour. The last thing that the client will want is to highlight the damage to the wall or to let them know that they claim against someone else to rebuild it. I need to be cautious atm with what I do so that I don't pre-emptively create problems. 

 

Is there a 'tearing hair out' emoticon?

 

Edit: If they'd been any legs in 'it's an old area order and removing it won't notice', be assured that would have been in the application too. The TO's hate that argument I've used it so often. 

Edited June 20, 2019 by Gary Prentice

[openspaceman]

10 hours ago, Gary Prentice said:

 

10 hours ago, openspaceman said:

Even if unadopted if there is  a PROW it could be highway, the solus could belong to the property.

Despite a quick search, you're still going to have to explain what 'solus' means 

 My misremembered  spelling:

Unless the land for a road was purchased for that purpose most highways ran on somebodies' land, because the public  gained a right to use it  didn't mean the ownership was lost so often the two adjacent landowners still owned the earth (solum) under the highway even though a highway authority  were charged with maintaining the surface. Often  before the surface was metalled the right of way wandered over a larger area as traffic avoided pot holes or wash outs so the right of way extended beyond the currently surfaced bit of road and includes the verge.

 

All irrelevant to your TPO query

[Khriss]

... still firm on my pre-emptive offer, just checking where nearest Aldi to the woods is n how much terram can squash in between the Skyliner ropes , might even be a book deal in this @Gary Prentice K

[Gary Prentice]

1 hour ago, Khriss said:

might even be a book deal in this

Book deal? Or prison sentence? 

[Khriss]

20 minutes ago, Gary Prentice said:

Book deal? Or prison sentence? 

.....didn't do Howard Marks any harm k

Edited June 21, 2019 by Khriss
Mr Nice to Trees ;)

[Gary Prentice]

I had a bit of a dig around the tree saturday, in an attempt to clarify where the roots were going, but the major roots were so close to the internal face of the wall I couldn't do much more than get down a few inches - the main stump mass is just right against almost the entire length of the wall.

 

If, and it's a big if, we could get foundation piers in - to support a cast-in-situ beam, the rebuilt wall would probably have to be single skinned to, temporarily, allow for future growth. 

 

The owner doesn't own the land outside the wall - so a new wall can't be re-sited. The gate pillar is distorted, I'm assuming there's a root either beneath it or applying lateral force to either the foundation or the brickwork itself. So where or how a new foundation and support pier for a beam would actually go I have no idea.

 

I met the TO this morning, pointed all this out, asked if he had any suggestions for an engineering solution (Not the LAs job to do that)

 

Still wants to retain the tree   but he's getting his boss back for a second opinion.

 

The appeal has to be submitted by tuesday, currently no idea as to an engineering solution or the cost of one. I've suggested that we demolish the pillar and the tree owners part of the wall to either identify if or where beam supports could be sited, but I need to confirm my clients agreement to that. 

 

I don't know whether to push for the demolition, ask the council to review their decision and then reapply to remove if they still refuse and then go to appeal subsequent to that determination. ?️ but the clocks ticking ever on.