Conservation area and TPO

[seanycurran]

Hi all,

 

Must have been covered before and not something we have had an issue with in the past.

 

Application gone in for 3 Scots pine removal in a conservation area. Usual thing, if you haven’t heard from us in 6 weeks/ by this date you can carry out the work.

 

A client has used a consultancy firm for the application and the date has been and gone last week.

 

Does anybody know if the council can decide to TPO the trees after this date if they haven’t given any correspondence?

 

Never been an issue we’ve experienced even getting to the work 6 months or so later.

 

South east if that’s of assistance.

 

Thanks for your help.

 

Sean

[MartinD]

perhaps different councils have differing regs on this. In Cheshire ...

Under current legislation the Council has 8 weeks in which to determine your application; in this case the 8 weeks will expire on 31-Jan-2021. I would hope a decision will be made before then.  However, if by 31-Jan-2021

 

-  a decision has not been made; or

-  you have not agreed in writing to extend the period in which the decision may be given,

 

then you can appeal under Section 78 of the Town and Country Planning Act 1990. Such an appeal must be made within 28 days of that date by writing to The Planning Inspectorate, The Environment Team, Room 4/04, Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.

Our decision notice is normally available on our website before the paper copy is sent to you.

 

I contacted the council last week, and they replied that they were snowed under. They have done the inspection today, but formal decision within the next two weeks. I don't think that in any case you can go ahead 

[monkeybusiness]

1 hour ago, MartinD said:

perhaps different councils have differing regs on this. In Cheshire ...

Under current legislation the Council has 8 weeks in which to determine your application; in this case the 8 weeks will expire on 31-Jan-2021. I would hope a decision will be made before then.  However, if by 31-Jan-2021

 

-  a decision has not been made; or

-  you have not agreed in writing to extend the period in which the decision may be given,

 

then you can appeal under Section 78 of the Town and Country Planning Act 1990. Such an appeal must be made within 28 days of that date by writing to The Planning Inspectorate, The Environment Team, Room 4/04, Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.

Our decision notice is normally available on our website before the paper copy is sent to you.

 

I contacted the council last week, and they replied that they were snowed under. They have done the inspection today, but formal decision within the next two weeks. I don't think that in any case you can go ahead 

I think that your correspondence (above) relates to TPOs, not conservation areas.

To the OP - I’d be amazed if the LA created a TPO without corresponding with you if you have notified them of the work you intend to carry out, irrespective of timescale (within reason). 
However, if it was several months after notification that you got around to undertaking the works a quick call to the TO to confirm that nothing had changed might not be a bad idea...

[AA Teccie (Paul)]

A TPO once made must be served on the tree owner / land owner, one would expect an agent too, e.g. arb consultant / tree surgeon. Hence "double-check" with the tree owner and if no TPO email the TO, ideally, giving them the start date for the works (out of professional courtesy.)

 

A technicality, but important, it's "notification" with a Conservation Area, i.e. giving the Local Planning Authority (LPA) 6 weeks to serve a TPO to stop the works, and an "application" with a TPO, giving 8 weeks to determine or a deemed refusal.

 

Also, in England, the 2012 TPO Regs apply equally and consistently regardless of where / which LPA.

 

Cheers..

Paul 

[skyhuck]

I had one a few years ago, put notice in, waited 6weeks, on the very last day the TPO arrived by recorded delivery.