TPO decision timescale

[Peter]

Not wanting to derail another thread any more than it is already, I thought I'd start a new one.

 

So,

 

"An appeal to the Secretary of State must be triggered by a decision issued by a council in response to an application for consent to cut down or carry out work on a protected tree, or by that council’s failure to issue a decision within 8 weeks of the date on which the application was received."

 

 

As we all know, many decisions take much longer than 8 weeks. Has anyone appealed on grounds on non-determination, and if so how did it go?

 

Also, since many TOs are over loaded, should we start appealing every time an application goes over 8 weeks, in order to highlight the problem. If the secretary of state starts getting 100's of appeals maybe the system would get looked into?

[AA Teccie (Paul)]

Dare I say if that approach is adopted, and whilst I see the logic, the reality in the curent climate is that the government would repeal the legislation and bin TPO's...hmmm.

 

Interesting topic.

 

Cheers..

Paul

[tommer9]

Oooh interesting. Not sure whether my commercial interests ovetake my tree preserving interests on that one....especially as i have spent all day today tackling planning on 3 big TPOd trees, and about 3 days worth of work on a whole line of TPOd trees....

[combined tree services]

personally i feel that planning needs to be changed to allow applications from recognised tree surgery companies to be pushed through sooner , clearly this would not be possible on every application . many of my applications are for routine works that really should be signed off by wither the TO or head of planning in that area .

 

I feel that if the LA were to go down this route it would save an awfull lot of time being wasted and or course would allow us to get on with work within a month as opposed to three months .

[DN22 Gardening]

hi peter,

 

we had notts cc's T/O round 4 fridays ago....

 

agreed there and then that the two willows in question were structually unsound and could be removed....

"just wait for the letter to come before you start"

 

rang today and the letter is 'in the system' !!!!!!

 

meanwhile, its raining branches in the clients garden

[Graham]

hi peter,

 

we had notts cc's T/O round 4 fridays ago....

 

agreed there and then that the two willows in question were structually unsound and could be removed....

"just wait for the letter to come before you start"

 

rang today and the letter is 'in the system' !!!!!!

 

meanwhile, its raining branches in the clients garden

 

Get 'em down. DDD.

[Lorry thompson]

Or you get the ones where your waiting for the reply and some cowboy just does the job in the meantime

[Peter]

hi peter,

 

we had notts cc's T/O round 4 fridays ago....

 

agreed there and then that the two willows in question were structually unsound and could be removed....

"just wait for the letter to come before you start"

 

rang today and the letter is 'in the system' !!!!!!

 

meanwhile, its raining branches in the clients garden

 

That is a slightly different situation, to follow correct procedure you should have submitted a 5 day notice and then cracked on.

 

In fact, a judge has actually said that it should not be possible to apply for permission to fell a tree on the grounds that it is dangerous, ie if it is dangerous then it is dangerous now, and needs to be felled immediately, if it isnt dangerous now then it isnt dangerous at all and therefore you shouldnt be given consent to fell.........

[janey]

If a tree is genuinely DDD, then you don't have to even notify the LA, although this is strongly recommended, and you certainly don't have to wait for written consent. On a slight tangent, the tree owners will still have to provide a replacement tree for a DDD removal, unless they have specific permission not to.

 

It's well worth getting to know your local TO's/Planners, as a quick 'phone call can often work wonders with getting the necessary paperwork pushed through the system well within the 8 weeks.

[Peter]

Just to be clear, DDD = dead diseased or dying?

 

I thought proceeding with a fell without notification was only really appropriate when the tree is immediately dangerous? Photos and keeping bits of the tree as evidence is also a good idea in that situation.

 

With regard to getting friendly with the TO/planners, that is a good idea but some LA's seem to take pride in being as awkward as possible to deal with, no matter how helpful you try to be as a contractor.