Works to trees applications - public record or not?

[Gary Prentice]

Last week I asked my local TO for a copy of another agents tree works application, in the belief that these were a matter of public record. His emailed response was, as follows;

 

I don’t think that WTAs are considered a public document.

It is my understanding that we are required to keep a register of applications and this shall include ‘details of every application under an order and of the authority’s decision (if any) in relation to each such application’ and,

‘Every register kept under this regulation shall be available for inspection by the public at all reasonable hours’.

To this end I believe the ‘register’ is required to be publicly available and not the applications themselves.

What is meant by ‘details of every application’ is definitely vague and could be debated.

 

I'm now perplexed, as I've been supplied with applications submitted by others previously - normally with personal information redacted. 

 

The only reason I would like to see the original application is that the specification of works on the consent letter is so poorly worded it's difficult to establish with any degree of certainty what is being allowed. It looks like the agreed works have just been cut and copied from the application. What caught my eye was 'reduce canopy by 2-3 metres'- no mention of the residual crown spread after pruning, and 'reduce from property' - there are dwellings to both sides of the trees! BTW, a contractor submitted, as agent, not a householder.

 

Can anyone clarify this?

Edited June 8, 2020 by Gary Prentice

[Spideylj]

This is one of those little things in tree protection law that is unclear.  The regulation in question is Regulation 12.  It basically states that the Local Planning Authority (LPA) must keep a register of all applications, appeals and any replanting conditions.  It does not state what form the register should take. Paragraph 77 of the guidance notes doesn't help either.  It states that LPA's are 'encouraged' to make their registers available online.  In other words they should do but they don't have to.  So, I suppose it's down to the LPA.  Any applications that come into me and are valid go online through the computer system online.  Likewise my notes, photographs and decision notices also go online.  I'd rather have everything in the open and available than have to spend half my time chasing information down and justifying my decisions to everyone that rings up when a tree has to come down.

 

So, in short.  Your TO is right, he doesn't have to supply the application to you but you should be able to see what is on the register.

[Gary Prentice]

On 08/06/2020 at 20:38, Spideylj said:

This is one of those little things in tree protection law that is unclear.  The regulation in question is Regulation 12.  It basically states that the Local Planning Authority (LPA) must keep a register of all applications, appeals and any replanting conditions.  It does not state what form the register should take. Paragraph 77 of the guidance notes doesn't help either.  It states that LPA's are 'encouraged' to make their registers available online.  In other words they should do but they don't have to.  So, I suppose it's down to the LPA.  Any applications that come into me and are valid go online through the computer system online.  Likewise my notes, photographs and decision notices also go online.  I'd rather have everything in the open and available than have to spend half my time chasing information down and justifying my decisions to everyone that rings up when a tree has to come down.

 

So, in short.  Your TO is right, he doesn't have to supply the application to you but you should be able to see what is on the register.

Thanks for this, I suspected that although other applications have been provided there may have been no obligation to do so. 

 

Leaves me no further forward, my LA don't provide anything at all on line. At one time I could go to the Civic Centre and just ask for the file for an address and be given it. after reading a couple of inter-department memos revealing some serious legal failings that option somehow disappeared.

 

I guess that I even want to see the register I'll have to make an appointment. Apparently all records are secured somewhere in the building and the officer that 'protects' them only works part time. Arguing with the receptionist about 'available at all reasonable times' just draws a blank look and a repeat of you need an appointment!

[Puffingbilly413]

I realise this doesn't help your situation, Gary, but what is the point to anyone or anything of merely maintaining a register of the fact that an application has been made?  Why would the legislation have had that as its rationale? It makes no sense.  The point of such a register (in my interpretation) is to give a form of database that people can use to inform their own planning and decision making, and not just the LA's.  What possible purpose could such a bare-bones register serve? No use to the LPA as they have the original applications and no use to the public as it's just a bunch of reference numbers and not much else.

 

Sounds like a cop out on the part of your LA to me.

 

I often get frustrated with my LA but at least all their stuff is easily searchable online.

 

If you have the details of the applying agent then you could get in touch and ask them - they might tell you to piss off but they might not!  Also email your local councillor citing examples of different LAs that do things better / make things more accessible.  The householder might have a copy too?

 

 

[Gary Prentice]

On 10/06/2020 at 22:43, Puffingbilly413 said:

I often get frustrated with my LA but at least all their stuff is easily searchable online.

Absolutely nothing is online. If you just want to find the boundaries of a Conservation Area you have to delve into a UDP, clear dozens of layers etc so that you you can see the boundaries. 

Current TPO apps and 211 notifications, forget it. I've never checked, but I'm 'interested parties' don't get any notifications of their neighbours submissions and as for posting notices - forget it.

 

Things have been done a certain way since like forever and there is no impetus to change.

[Puffingbilly413]

2 hours ago, Gary Prentice said:

Absolutely nothing is online. If you just want to find the boundaries of a Conservation Area you have to delve into a UDP, clear dozens of layers etc so that you you can see the boundaries. 

Current TPO apps and 211 notifications, forget it. I've never checked, but I'm 'interested parties' don't get any notifications of their neighbours submissions and as for posting notices - forget it.

 

Things have been done a certain way since like forever and there is no impetus to change.

That's really bad - doesn't make sense really either as surely it makes it just as much of a pain for the LA to search their own records?

[Gary Prentice]

On 15/06/2020 at 12:41, Puffingbilly413 said:

That's really bad - doesn't make sense really either as surely it makes it just as much of a pain for the LA to search their own records?

The TOs have their own online access, which is quite limited so isn't ideal for everyone. But it's what they've got to work with. 

 

We now have just a TO dealing with day to day applications instead of planning officers (with input from TOs) so at least things are moving in the right direction. TOs are home based at present and one has driven two hours this morning for a pre-application site meeting, which I greatly appreciate, so they have my sympathy (most of the time)