conservation areas

[treequip]

the four la's i deal with always insist on 8 weeks but may vary

 

They can’t insist on 8 weeks, the rules say 6 weeks so that’s all they can insist on.

 

After 6 weeks you can proceed with your notified works

[burrell_]

rite iv bin readin on the District Council web site i got me forums printed off and it states 6 weeks here thanks for ur help :thumbup1:

[common lime]

Hi, once you send in your S.211 notice the LPA has 6 weeks to week an object to your proposed weeks be protecting the tree within a new TPO.

 

The guide can be down loaded from the community and local governmentat website;

 

Protected trees: a guide to tree preservation procedures - Planning, building and the environment - Communities and Local Government

 

With CA notice a LPA cannot vary the notice so if they do not agree to the felling they will place a TPO on it. So it might be a very good idea to try and get the TO to site before submitting the notice.

[dandkgroundcare]

well guess what now they only get six weeks if thats correct

[combined tree services]

i may well get shot down in flames for this but ......... in my experience in dealing with our local TO's and the LPA in situations like these a tree growing into utilitty cables weather its BT or power lines it actually comes under the utilitty act which does allow the the pruning of trees that are causing dammage to utilitty lines however this will not permit felling , as for timescales i realy do feel that planning applications should be dealt with much more promptly .

[Al Cormack]

It is 6 weeks notification of works to trees in cons area, and if nothing heard then you can carry on. You normally get an acknowledgement letter setting out the dates from the LA. The only way they can prevent you doing the work is to put a TPO on the tree.

 

If tree is protected by a TPO then you have to get permission from the LA to carry out the works which takes 8 weeks. If nothing is heard after 8 weeks you can appeal to the secretary of state. You cannot do the tree.

 

There are some exemptions to these rules for dead dying or dangerous trees, but the onus is on the tree surgeon to he able to prove it.

[Amelanchier]

Six weeks for a CA and eight for a TPO. If you don't hear anything back after those periods you assume consent for CA and refusal for TPO. You will of course be able to prove you gave the notice/made the application!

[Amelanchier]

Its also worth noting that a TPO can be made at any time even if you don't recieve a response. It's not uncommon for an LPA to let the S211 notification lapse and then serve an TPO a couple of weeks later when they finally get round to having a look, realise that the tree is still standing and that it's quite nice. So it might pay to check for constriants prior to commencement - ignorance of an Order is not a defence.

[AA Teccie (Paul)]

Lots of good advice so far which is great.

 

A couple of things to add, for info.

 

1. IF the LPA isn't happy with the 'notified' works, AND they can agree with you an acceptable alternative, they can request you formally withdraw the existing Sect. 211 (the relevant section of the 1990 Town & Country Planning Act) notification and resubmit a revised one. As a previous LPA TO I used this as an alternative to TPOing mediocre trees or where the tree wasn't really 'under threat' and hence it wasn't really considered 'expedient' to make a TPO (I believe at least one, and maybe more, Ombudsman appeals have been upheld on this basis.)

 

2. I'm pretty sure (but stand to be corrected) that, although you can and it's maybe helpful to the LPA, you don't have to use standard form for this purpose, i..e Sect.211 Notice. Obviously though you still need to submit all the relevant information to allow them to arrive at a decision.

 

Finally, whilst it may be correct, I would check before proceeding with the proposed works under an exemption as I'm not sure it actually would be unless it was the Electricty Supply Act...or similar.

 

Cheers..

Paul

 

PS Hope everyone had a good Easter!

[Daniel Curry]

:thumbup:Hi. interesting post guys, but can someone please explain to me what La's and LPA stands for please