Felling refused in conservation area but no TPO

[redmoosefaction]

How does it stand? Do they need to put a TPO on the tree to prevent the felling, or can it go ahead as 6 weeks notice has been given... asking for a friend!

[Stubby]

2 minutes ago, redmoosefaction said:

How does it stand? Do they need to put a TPO on the tree to prevent the felling, or can it go ahead as 6 weeks notice has been given... asking for a friend!

 Did you give intention of works to be carried out rather than apply ?

[redmoosefaction]

Morning

11 hours ago, Stubby said:

 Did you give intention of works to be carried out rather than apply ?

'my friend' applied for intention of works as the tree is in CA, through planning portal. There is no TPO, yet, just a letter of objection to the felling from the council. Due to do the works this Tuesday, or not!

Edited January 26, 2023 by redmoosefaction

[Stubby]

9 minutes ago, redmoosefaction said:

Morning

'my friend' applied for intention of works as the tree is in CA, through planning portal. There is no TPO, yet, just a letter of objection to the felling from the council.

If I'm not mistaken , in a CA ( if the tree has no specific TPO ) you inform not apply .

[petercb]

In a CA you give Notice of Intention to Carry out Tree Works in a Conservation Area, council then should permit or reject and give you a time limit for works to be carried out usually two years in my area.

[petercb]

 

This is the relevant legislation. But see Dalton Trees reply below

Town & Country Planning Act

211Preservation of trees in conservation areas.

(1)Subject to the provisions of this section and section 212, any person who, in relation to a tree to which this section applies, does any act [F1which might by virtue of section 198(3)(a) be prohibited by a tree preservation order] [F1which might by virtue of section 202C be prohibited by tree preservation regulations] shall be guilty of an offence.

[F2(1A)Subsection (1) does not apply so far as the act in question is authorised by an order granting development consent.]

(2)Subject to section 212, this section applies to any tree in a conservation area in respect of which no tree preservation order is for the time being in force.

(3)It shall be a defence for a person charged with an offence under subsection (1) to prove—

(a)that he served notice of his intention to do the act in question (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is or was situated; and

(b)that he did the act in question—

(i)with the consent of the local planning authority in whose area the tree is or was situated, or

(ii)after the expiry of the period of six weeks from the date of the notice but before the expiry of the period of two years from that date.

(4)Section 210 shall apply to an offence under this section as it applies to a contravention of [F3a tree preservation order] [F3tree preservation regulations] .

Edited January 26, 2023 by petercb
Incorrect info

[daltontrees]

If you make a CA notification, the Council can only prevent felling by making a TPO. It can state that it will make a TPO unless the notification is withdrawn, as a way of negotiating a re-notification for a lesser extent of works. It can say if it thinnks tha the notice is invalid (if the works haven't been clearly specified, or the plan is inadequate). But it can't object on principle and then use that as a way of preventing the works.

[Dan Maynard]

Sounds like a grey area then. If 6 weeks have elapsed already but no TPO served, if you fell without replying to the council then you are strictly within the law, but I can see them getting grumpy about it.

[petercb]

From the Planning Portal Website

 

Works to Trees - Consent types - Planning Portal

WWW.PLANNINGPORTAL.CO.UK

---

Details of the different consent types available in England - Consent under Tree Preservation Orders

 

Covers trees in conservation areas.

[daltontrees]

22 minutes ago, Dan Maynard said:

Sounds like a grey area then. If 6 weeks have elapsed already but no TPO served, if you fell without replying to the council then you are strictly within the law, but I can see them getting grumpy about it.

Not really grey, the legislation is completely clear.

 

As the Stones sang "You can't always get what you want". Now I've got that song stuck in my head for the rest of the day...