Planning permission expiry

[Paul 99]

Hi All,

I was granted planning permission in June 2020 for works to trees in a CA. this was for felling of 5 trees, pollarding of 1 and crown reduction of 3.

I have felled the 5 myself (small cherry blossoms) and now I would like to have the crown reduction and pollarding done by an expert.

My question is  does the planning permission expire?  or can i continue with the existing permission?

 

Any advice appreciated.

P

[Dan Maynard]

Yes, the permission does expire after 2 years. This is the definitive page

 

https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas

 

I have noticed that the 2 years is only shown under the option where the authority does nothing within 6 weeks, but if they sent notice of not objecting then I think the expiry date will be in that letter.

[Paul 99]

Hi Dan,

Thanks for your reply.

 

They did send me  a 'Notice of decision'

Quote

"Part 2 :Decision

The Local Planning Authority has decided not to protect these trees with a TPO and accordingly the works to the trees described in this notification are lawful."

 

There is no mention in the notice  or the accompanying notes of any time limit.

As around 80% of the works have been completed, would it be reasonable to continue with the remaining work?

P

[Dan Maynard]

Well, the best I can find is under the TPO section the local authority to _may_ set a time limit if it thinks appropriate. Most of the time I don't get a decision letter to be honest, but I have found one in my inbox which does have a timeframe in the letter. If you don't have it mentioned then I don't think you have an expiry date.

 

In practical terms I don't think you have any chance of the council coming back and changing their mind and saying the trees now need a TPO so no need to reapply. In any case if you use a good tree surgeon they will know who to contact at the council and just check, worth a phone call I would have said.

[Dan Maynard]

File itself

tposguide.pdf

Edited September 18, 2022 by Dan Maynard

[Chris at eden]

36 minutes ago, Dan Maynard said:

File itself

tposguide.pdf 568.98 kB · 1 download

That is is the old blue book.  It’s out of date.  It’s doesn’t take into account the 2012 regs.  It includes stuff like reg 3 notices, exemptions, etc. There is an online version now. Just Google TPO guidance and go for the 2012 webpage.  There is also a short version that gives a brief overview. Again titled 2012. 

[Chris at eden]

41 minutes ago, Dan Maynard said:

Well, the best I can find is under the TPO section the local authority to _may_ set a time limit if it thinks appropriate. Most of the time I don't get a decision letter to be honest, but I have found one in my inbox which does have a timeframe in the letter. If you don't have it mentioned then I don't think you have an expiry date.

 

In practical terms I don't think you have any chance of the council coming back and changing their mind and saying the trees now need a TPO so no need to reapply. In any case if you use a good tree surgeon they will know who to contact at the council and just check, worth a phone call I would have said.

The time limit for TPOs consent validity is automatic in the 2012 regs. 2 years. They no longer have to set a condition for validity periods.  But it can be varied by condition.  For sample if it’s a management plan running longer than 2 years. 


 

[kevinjohnsonmbe]

14 minutes ago, Chris at eden said:

The time limit for TPOs consent validity is automatic in the 2012 regs. 2 years. They no longer have to set a condition for validity periods.  But it can be varied by condition.  For sample if it’s a management plan running longer than 2 years. 


 

Date of decision notice (which isn't actually a DN for s211 its a notice of not imposing a TPO) + 2 years, or date of submission of s211 + 6 weeks and 1 day, then 2 years Chris?  Thats what I read it as.

[Dan Maynard]

3 hours ago, Chris at eden said:

The time limit for TPOs consent validity is automatic in the 2012 regs. 2 years. They no longer have to set a condition for validity periods.  But it can be varied by condition.  For sample if it’s a management plan running longer than 2 years. 


 

Just to be clear, when I do that I hit the page  I linked in first post but that was updated 2014? I'm getting in over my head as I initially thought the answer was an easy 2 years but not quite sure that's true any more.

 

I see in 2014 page that consent for works to a TPO tree defaults to 2 years, but also the response to a  S211 is not and should not be treated as consent. So does that also default to 2 years if they give a response but don't mention a time?

 

Why would Cambridge council bother to mention 2 years but other councils not?

 

I guess in the for the OP boils down to getting the contractor to sort it out anyway.

 

 

 

[Paul 99]

Thank you all for the advice and information. i think i shall call the planning office tomorrow and seek clarification.

 

regards

 

P