Tpo decision appeal

[Dr.Green]

Bit of help needed. Had a section of work not granted permission , Any body ever had to put an appeal against it? Not havin much luck with replys from council in fact I've asked 3 times and get no reply from previous conversations

[Amelanchier]

It is a legal requirement for the LPA to include details of how to appeal against its decisions on its refusal notice.

[Paul Jenks]

We're going through one at the moment. Takes forever. There is an LA ombudsman. Don't know how long you have to try getting a response from the LA, but as Tony said, they have to give you the stuff when they turn down. Check out their website.

[common lime]

When the decision notice is issued by the Council that is a full or a part refusal then it should state the following;

 

1. A date

2. A reason for the refusal

3. How you can appeal the refusal

4. Your right to compensation

 

You have 28 days from the date of the refusal to make an appeal to PINS the form can be found at the following link;

 

http://www.planningportal.gov.uk/uploads/pins/tpo_appeal_form.pdf

 

I would check the decision notice carefully to see if it complys with the new Regulations.

[Jesse]

Bit of help needed. Had a section of work not granted permission , Any body ever had to put an appeal against it? Not havin much luck with replys from council in fact I've asked 3 times and get no reply from previous conversations

I was recently told that there are a large backlog of appeals at the moment , that's why they are taking so long, I was also told, reliably, that LPA's are now reluctant to TPO trees because of funding cut backs . If you think you have a case now is the time to appeal .

[Jesse]

When the decision notice is issued by the Council that is a full or a part refusal then it should state the following;

 

1. A date

2. A reason for the refusal

3. How you can appeal the refusal

4. Your right to compensation

 

You have 28 days from the date of the refusal to make an appeal to PINS the form can be found at the following link;

 

http://www.planningportal.gov.uk/uploads/pins/tpo_appeal_form.pdf

 

I would check the decision notice carefully to see if it complys with the new Regulations.

Also check the original order "Errors"4.7 Errors in the 1st Schedule of the TPO or on the map come to light after the TPO has been confirmed, though the period allowed for the making of objections and representations before confirmation should enssure that errors are kept to a minimum. When an error comes to light the LPA should consider using their variation or revocation powers to put it right. Hope this helps. If you would like more advice" TPOs a Guide to the Law and Good Practice" is a must or let me know what you have done wrong and i will look it up for you.

[Jesse]

Bit of help needed. Had a section of work not granted permission , Any body ever had to put an appeal against it? Not havin much luck with replys from council in fact I've asked 3 times and get no reply from previous conversations

 

I'm guessing its your proposal/specifications that they are not happy with, do they comply with BS3998:2010 Recommendations ? That's a start.

[Dr.Green]

Part of the proposal was to remove an ash that blocks solar panels and replant. The rest was granted in the remianing sections of property

 

tbh i understand the TO dicision to offer the reducion to the canopy , its just the owner who isnt impressed, hence placing an appeal.

 

still havent had any paper work thru the post but have gone onto planning porthole and had a read up. seems fairly strainght forward , in fact i could have been pointed to this ages ago by the council

[Tom10]

Part of the proposal was to remove an ash that blocks solar panels and replant. The rest was granted in the remianing sections of property

 

tbh i understand the TO dicision to offer the reducion to the canopy , its just the owner who isnt impressed, hence placing an appeal.

 

still havent had any paper work thru the post but have gone onto planning porthole and had a read up. seems fairly strainght forward , in fact i could have been pointed to this ages ago by the council

 

Ironic - The TO's 'green' decision to keep the tree which will affect your clients attempt at being 'green' with their solar panels!

 

Whats more important, trees or solar energy? IMO the TO's decision sounds good but I understand your predicament.

 

Although a good crown thin should be sufficient to allow their panels to work?

 

Good luck

[chrisgilltreesurgery]

As above