Withdrawing consent to fell a TPO'd tree

[gibbon]

Is it possible for an LA to withdraw its consent to fell a TPO'd tree soon after consent has been given?

[Amelanchier]

Yep, but only on Orders served before 2 August 1999. This is because consents tended not to include time limits although whether its fair or reasonable to do so "soon" after granting consent is debatable. The proposed revisions to the legislation plan to remove this facility.

Edited November 11, 2010 by Amelanchier

[gibbon]

So on a 1970's area order the LA could potentially say, "oops", lose some face but save the tree?

[Amelanchier]

Yes but its more complicated than that, there's an oppourtunity to object and the whole game can be kicked back and forth to PINS/DCLG (I've no idea who decides it) - see section 8.4 of the Blue Book. Messy messy buisiness IMO.

 

Whats the case?

[gibbon]

Yeah, just read through section 8.

 

I'll pm you if you don't mind.

[Amelanchier]

Not at all sir. PM away.