How do I go about objecting to a TPO decision

[Arb-Aero]

Hi, the council have no made a decision on an application I submitted in February.

 

I've email the Landscape officer every month asking for the decision. He replies that he is waiting for the head of planning to make the decision.

 

So, as the top regs dictate if you have not heard from the authority in 6 weeks it can be classed a a refusal. So now I need to make an objection to the DPMO! but that no longer exists?

 

What should I do, please?

[daltontrees]

Appeal. It is a deemed refusal. Theere's a right of appeal. It costs nothing. Do it right away, as the right of appeal has a time limit. You might actually be too late. If you want specifics, say what country you are in.

[manco]

i was under the impression that lack of reply is classed as allowing the work?

does this vary between councils?

 

"We have until 24th November 2021 to consider making a tree preservation order on the tree(s). If by this date you do not hear from us you may carry out the work as long as you do so within two years from the date of your notice and do no more work on the tree(s) than is set out in your proposal. We will, however, aim to inform you of the outcome of your proposal before this date."

 

perhaps the rule is different in tpo and conservation area?

 

[richyrich]

I thought if not determined within a certain time then can refer to Secretary of State- not him personally.

However if you agreed to a time extension then its still in council hands.This applies to building- not sure re trees.

 

[daltontrees]

18 hours ago, manco said:

i was under the impression that lack of reply is classed as allowing the work?

does this vary between councils?

 

"We have until 24th November 2021 to consider making a tree preservation order on the tree(s). If by this date you do not hear from us you may carry out the work as long as you do so within two years from the date of your notice and do no more work on the tree(s) than is set out in your proposal. We will, however, aim to inform you of the outcome of your proposal before this date."

 

perhaps the rule is different in tpo and conservation area?

 

Yes they do differ. In a CA you notify and the Council can only stop you by making a TPO. In a TPO you apply and the Council can stop you by refusing, or in this case doing nothing, which is what is known as a 'deemed refusal'.

This rule only varies between Councils when they don't know what they are doing and don't know the law as it stands.

[daltontrees]

16 hours ago, richyrich said:

I thought if not determined within a certain time then can refer to Secretary of State- not him personally.

However if you agreed to a time extension then its still in council hands.This applies to building- not sure re trees.

 

No the time extension rule for planning apps does not extend to TPO apps.

[Arb-Aero]

19 hours ago, daltontrees said:

Appeal. It is a deemed refusal. Theere's a right of appeal. It costs nothing. Do it right away, as the right of appeal has a time limit. You might actually be too late. If you want specifics, say what country you are in.

Thank you for your knowledge. I'm in Wales.

10 minutes ago, daltontrees said:

No the time extension rule for planning apps does not extend to TPO apps.

So, its the secretary of state and not the deputy prime ministers office!