conservation area six weeks notice

[Ian C]

They always give me an acknowledgement letter with a date that works can be started....

 

Same here.

[18 stoner]

Around us, they go by date on the application, but you are not allowed to pre date the application

[burrell_]

make them feel like they have all the power it works for me iv never had a probem with them mate i no that if u piss them off they dont like it and dont like u to do sweet FA. no mate if they agree to what i want to do to the tree they will let me no before the 6 weeks just dont give them reasion to get pissed off

[Bundle 2]

For some reason I have it down as the date RECEIVED. In writing tends to suggest NOT EMAIL as this is not strictly written. I am sure some authorities are happy to work by email.(Personally would take the view that it is a more reliable/accountable system) I suppose its always possible to get a "received" notification when using e-mail. In fact, would recommend it.

The only other thing I can think is that it is a notification (s211) It does not require a confirmation by return. This is applicable only if work is not approved for some reason -

[18 stoner]

Never done any apps by e-mail, but out of curisity, how would you submit a plan on the form?

[treequip]

If it’s a 211 (notification) rather than an application, you don’t need to use a form. Just scan or photograph the plan and attach it to the email

 

 

Andy

[Alinicoll]

I do most of my apps by email. I almost never get any kind of acknowledgement from the tree officer. When six weeks have past since i sent the application in, i check my sent box to make sure it went in and then send another letter saying six weeks have passed and so i intend to carry out the work. Sometimes i get a reply to that. Sometimes not. It just means there is written evidence that an application has been sent in. That system seems to work for the particular tree officer i mostly work with.

[18 stoner]

If it’s a 211 (notification) rather than an application, you don’t need to use a form. Just scan or photograph the plan and attach it to the email

 

 

Andy

 

Ah! Thats just added a little more to my limited IT knowledge. Cheers:thumbup1:

 

Always done it long hand up until now, might be worth a try.

[Amelanchier]

Conservation Areas are funny old things. Its essential to remember (as has already been said) that you are not asking for consent or applying for works - you are giving notice of your intent.

 

This is because the way the legislation is phrased, undertaking works to protected trees within a Conservation Area (CA) is an offence of strict liability (you are guilty until you prove yourself innocent). However, the legislation lists appropriate defences to prosecution

 

These require that you served notice of your intention (with "sufficient particular to identify the tree") to the relevant LPA and that this either resulted in

i) Consent by the LPA (i.e., Yep, seen enough, get on with it)

ii) The expiry of six weeks from the date of the notice but before the expiry of two years.

 

This give the LPA six weeks to TPO the tree if they consider that the proposed works would be detrimental to the local amenity. The same exemptions that apply to TPOs (actionable nuisance, dangerous, dead) apply to CA trees but whereas a TPO will still apply to the space even if the tree is removed, the way CA legislation is written, if the tree falls into these categories (or is too small a diameter) - the protection simply does not apply. Which is odd because there is an obligation to replant where a tree is removed under an exemption...

 

Anyhow, back to the original query.

It is the date you gave notice that starts the clock so if you post something, it is the date recieved that counts. Most LPAs are reasonable and use the date sent though they are not obliged to - they don't recieve the information until the letter or email is opened so they cannot be expected to implement their duty under other parts of the law. This is also the same principle applied when considering objections to TPOs; it would be unfair to use the date that the items were sent out to start the 28 day window, especially if the are postal strikes for example.

 

Basically, it is up to you to prove that you gave notice because all tree work to protected trees in a CA is an offence, unless you prove yourself innocent. The legislation isn't fair, but then what is? Emails and read reciepts are an excellent way of doing this.