Displaying Site Notices for works to TPO trees

[benedmonds]

I have one council that sends out Site Notices to me and expects me to erect them. 

Do I legally have to do this? The particular council is on the edge of our work area so it is inconvenient.

[AA Teccie (Paul)]

Hi Ben, I think the simple answer is "no", however LPA/TO relations n all that.

 

I guess the LPA send them out as a matter of routine to "the applicant" assuming they generally occupy the site...of course if your "the agent" this may not be convenient, as you say.

 

You could always return them I guess  

 

Cheers,

Paul

 

[Chris at eden]

The LPA don’t usually have to display site notices for TPO apps so by default neither do you. They should consider displaying notices where there is likely to be a lot of public interest.  The only exception is when they are applying to themselves to work on their own trees. In this instance they must display site notices for at least 21 days.  It is their responsibility though, not yours. 
 

That said and as paul said, it’s good to keep them on side. I have had this issue previously and have just phoned the client to explain and then put them in the post. 

[Dan Maynard]

I have one on the go at the moment down the road for conservation area trees section 211 and the council recommended that we put up the notice they helpfully sent in the acknowledgement letter. Not seen that before, doesn't happen with my council.

I read it quite carefully though, doesn't say required in the letter. In my case client is quite keen to keep neighbours happy so they said they would post it up.

[kevinjohnsonmbe]

This article answers some recurring questions about the actual requirement (or not) for a site notice:

 

Focus on site notices

WWW.LOCALGOVERNMENTLAWYER.CO.UK

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Sarah Reid and Constanze Bell examine the thorny issues around publicity for planning applications in the coronavirus...

It also touches upon the potential for C19 working practice procedures clashing with the ‘ability’ to post notices (which I personally think is a red herring) since it has always been, and remains the case that, go to work where work can’t be done from home. 

All up, I guess if it wasn’t too much of an inconvenience, I might consider pinning it up if asked. If it was a hassle I’d offer to do so at cost. 
 

The potential down side to NOT having an app (that requires a site notice) having a notice posted is that a neighbour ‘could’ complain about not having had an opportunity to present comments for or against resulting in an ombudsman case:

 

Publicising planning applications - Local Government and Social Care Ombudsman

WWW.LGO.ORG.UK

 

 

Edited January 27, 2021 by kevinjohnsonmbe