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Trade restriction?


monkeyboy
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Rupe,

 

How are TPO's different?

 

Andy

 

Because the LPA cannot attach any conditions to "consent" within conservation areas (their only option is to serve a TPO) - they can with a TPO decision.

 

As you say though, those conditions must meet the tests applied to planning conditions, that is they must be;

 

  1. necessary;
  2. relevant to planning;
  3. relevant to the development [treework] to be permitted;
  4. enforceable;
  5. precise; and
  6. reasonable in all other respects.

 

Specifying an approved contractor might violate the neccessity (other contractors can meet the standard) and the reasonableness tests. Remember though, it might seem unfair but until it gets appealed, we can't say whether its "legal"! As far as I know though, no-one has appealed a TPO condition with regard to approved contractors - it would be a nice precedent to have either way.

Edited by Amelanchier
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As you say attaching an approved contractor condition (or any other condition) to a 211is a complete non starter.

 

Attaching one to a TPO consent constitutes a restrictive practice. There is no legal basis for it and it is un enforceable.

 

A precedent would be nice but I for one doubt it would get to an appeal. If I encountered a planning consent with such a condition I would simply ignore the condition.

 

Andy

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