Implied TPO in Conservation Area

[kevinjohnsonmbe]

15 minutes ago, Martin du Preez said:

This does annoy me greatly. What also annoys me greatly and I would live some one to clear this up as it’s the same topic of TO’s bending rules. For a few district councils when I place my notice of intent on the planning portal, about 2-3 weeks after that date I get an email from the LA saying they have received the app and I have 6 weeks from starting from the date on the email?? Surely not??

Not.....  😂

[Treerover]

Thank you everyone for all your measured responses . Very interesting . I have to say I’m slightly erring on Kevin’s view that rules is rules, and we shouldn’t stand on ceremony for council officials , but just fairly follow the rules , which are theirs of the making . If they decide to bend those rules, that is not a consideration one should have to entertain necessarily surely ?

[Khriss]

Got a CA app and TPO app in on end of our Close, both crap specs, one is "reduce height by 18' " ( on mature Robinia) neither would i pass if TO, wont contest them as i know the owners, but waste of money on poor condition trees, better to fell. K

[Dan Maynard]

This does annoy me greatly. What also annoys me greatly and I would live some one to clear this up as it’s the same topic of TO’s bending rules. For a few district councils when I place my notice of intent on the planning portal, about 2-3 weeks after that date I get an email from the LA saying they have received the app and I have 6 weeks from starting from the date on the email?? Surely not??

I believe you are right the 6 weeks start when you send the notice, but to my mind that would put the onus on you to prove you sent it on a particular date and calculate your expiration. Maybe not a huge problem to do but on the other hand if you work to the dates on the planning portal then it takes the problem away, customer can also see the date is official, so I have always just followed that path as least resistance.

[kevinjohnsonmbe]

Cornwall have ‘asked’ all agents to grant an 8 week extension immediately at submission point due to the back-log of validations. 
 

Granted it is more relevant to development submissions but presumably also applies to TPO apps. 
 

Its ‘voluntary’ and hasn’t impacted any TPO app I’ve submitted recently but clearly a potential issue for validation of s211s. 
 

Heard on the architects grapevine that many are making their submissions as normal then going straight to appeal for non determination as it’s quicker!

[Puffingbilly413]

3 hours ago, Dan Maynard said:

6 hours ago, Martin du Preez said:

This does annoy me greatly. What also annoys me greatly and I would live some one to clear this up as it’s the same topic of TO’s bending rules. For a few district councils when I place my notice of intent on the planning portal, about 2-3 weeks after that date I get an email from the LA saying they have received the app and I have 6 weeks from starting from the date on the email?? Surely not??

Read more  

I believe you are right the 6 weeks start when you send the notice, but to my mind that would put the onus on you to prove you sent it on a particular date and calculate your expiration. Maybe not a huge problem to do but on the other hand if you work to the dates on the planning portal then it takes the problem away, customer can also see the date is official, so I have always just followed that path as least resistance.

The clock starts immediately on receipt of a valid notification. Emphasis on the word valid ie it needs to meet the requirements.

 

i file mine via the eplanning portal which provides a dated receipt for you.

 

this doesn’t stop the council sending a letter a few weeks later saying they have six weeks from the letter date. I tell them they’re incorrect every time and they ignore me every time. I just go with the correct date but it’s never been an issue as the council hasn’t objected yet…

Edited October 30, 2021 by Puffingbilly413

[john87]

Every council has a person appointed as a "monitoring officer" They are a solicitor and they have a legal PERSONAL duty to make sure that the council obey the law. In fact, they are protected by law, so that the council cannot sue THEM, if they try to enforce the law [which the council is seeking to ignore]

 

If any tree officers or anyone else tries making the law up as they go along, such as the eight week extension mentioned above, the monitoring officer will soon sort that out..

 

You see, there IS a council complaints procedure, but it is very slow and you will NEVER win, but, the complaints procedure is not intended to deal with points of law, that is the remit of the monitoring officer.

 

Once you have made a referral to them alleging that a council is not obeying the law, they have to decide whether your allegation is made out or not. If they say it is, then you win, if they come up with a load of rubbish, you can then go straight to the ombudsman, [where you will win] and best of all, it is all free!!

 

So, next time a council acts in an "ultra vires" [it means "above the law"] a quick email to the monitoring officer will sort that one..

 

I have a list here of every monitoring officer in the country if anyone is interested..

 

john..

[AHPP]

Every council has a person appointed as a "monitoring officer" They are a solicitor and they have a legal PERSONAL duty to make sure that the council obey the law. In fact, they are protected by law, so that the council cannot sue THEM, if they try to enforce the law [which the council is seeking to ignore]
 
If any tree officers or anyone else tries making the law up as they go along, such as the eight week extension mentioned above, the monitoring officer will soon sort that out..
 
You see, there IS a council complaints procedure, but it is very slow and you will NEVER win, but, the complaints procedure is not intended to deal with points of law, that is the remit of the monitoring officer.
 
Once you have made a referral to them alleging that a council is not obeying the law, they have to decide whether your allegation is made out or not. If they say it is, then you win, if they come up with a load of rubbish, you can then go straight to the ombudsman, [where you will win] and best of all, it is all free!!
 
So, next time a council acts in an "ultra vires" [it means "above the law"] a quick email to the monitoring officer will sort that one..
 
I have a list here of every monitoring officer in the country if anyone is interested..
 
john..

Extremely interesting. Please post the list.

[daltontrees]

On 30/10/2021 at 12:15, Dan Maynard said:

On 30/10/2021 at 09:31, Martin du Preez said:

This does annoy me greatly. What also annoys me greatly and I would live some one to clear this up as it’s the same topic of TO’s bending rules. For a few district councils when I place my notice of intent on the planning portal, about 2-3 weeks after that date I get an email from the LA saying they have received the app and I have 6 weeks from starting from the date on the email?? Surely not??

I believe you are right the 6 weeks start when you send the notice, but to my mind that would put the onus on you to prove you sent it on a particular date and calculate your expiration. Maybe not a huge problem to do but on the other hand if you work to the dates on the planning portal then it takes the problem away, customer can also see the date is official, so I have always just followed that path as least resistance.

6 weeks from Council's receipt of the notice, or the date they could be expected to have received it, basically posting date plus a couple of working days. I have  recently had a Council take 2 weeks to acknowledge receipt, and they said 6 weeks started then. I disagreed and they reluctantly accepted I was right. Tree was removed 6 weeks and 3 days after notice was posted.

I always post my notices, but I think the situation in Scotland is diffrerent whereby ePlannign route is not mandatory. You literally can't go wrong with a posted notice and proof of posting. It is un-resistible by the Council, so I'd say that's the line of least resistance.

[john87]

5 minutes ago, AHPP said:

Extremely interesting. Please post the list.

Ok. I am not sure i can because of the way it is formatted as a word document. But i will have a go together with some other stuff too. It was all written, not by me, but by a barrister in relation to social services, so you will find a few references to this in the written stuff. However, i have used this process myself in relation to various things and it works like a dream.!!

 

 

 

1, The monitoring officer HAS to take your allegation of unlawfulness, not even that, SUSPECTED unlawfulness, and decide whether of not your allegation is made out or not..

 

2, They HAVE to give you written detailed reasons for their decision, they cannot just say, "do not agree" or ignore you..

 

3, They CANNOT tell you to use the council complaints procedure instead, as the complaints procedure is not intended to decide on points of law.

 

4, The MO is impartial [or should be] and the very fact that you have gone to them will concentrate their minds no end as they will be more than a little unsettled that you even know of their existance.

 

5, The MO knows that next stop is the ombudsman, and given that the MO has a legal DUTY to decide on points of law and explain his reasoning for his decision, means that he does not want to be explaining himself in front of an ombudsman in the event that he decides to "overlook" the law himself...

 

I will see if i can attach the stuff now, but, if it does not work, if anyone messages me i will email it all to them direct.

 

Hope this helps..

 

john..

1, List of monitoring officers.docx 2, What is this ‘Monitoring officer’ information for...docx 3, The Monitoring Officer's Role.docx