Con area/ tpo question

[Peter]

If I submit a notification to fell a tree, and the LPA decide the make a tpo on said tree, do I need to withdraw the notification to finish up the process?

[Amelanchier]

Nope. The order supersedes the CA protection by making the defence that six weeks had elapsed since notifying redundant - since you now need to make an application to achieve the desired goal. Ideally, the LPA would explain this and also make it clear that they do not give consent to fell (the other defence under s.211) but few do.

[Peter]

My thoughts exactly, the problem is the LPA has no way of getting it off their planning system since it is impossible to determine an outcome.

 

My view is that is their problem since it isn't an application it shouldn't be in the planning app system in the first place.

 

May well have some fun with this one!

[Amelanchier]

It certainly is their problem. Though if you do withdraw your notification it would seem reasonable to invoice them for providing your services - say £50 admin fee?

[Peter]

I'm sure they would find an alternative solution pretty quickly!

 

After all the time I have wasted filling in 1apps for them I don't care if it stays on their system until the sun implodes.

[Rupe]

My local TO has, in the past, informed that a TPO is going to be imposed but he gives me theopportunity to withdraw my application so that this doesnt happen. We then look at making a new application for lesser works if applicable.

 

Once the TPO is in place it doesnt matter if the application is withdrawn or not, or if it stays on their system or not, I wouldnt give a monkeys either way.

[Peter]

The real issue is the LA in question doesn't have a TO, it's all handled by the planning dept, and they don't have a clue about tree legislation.

[Topcat]

I just send 211 notices via email to the LPA. If a TPO is not served by the time the 6 weeks are up the work gets done as per the notice. If the LPA can't find the time to get the TPO on within the 6 weeks thats their problem to sort out. Sorry but I don't do TO's telling me they are going to put a TPO on "so don't do any work until etc". They either get it on in time or deal with any flack. I do however get accused of "using a window of oppurtunity"..lol.. The LPA has a window of 6 weeks so they should use it.

[skyhuck]

I just send 211 notices via email to the LPA. If a TPO is not served by the time the 6 weeks are up the work gets done as per the notice. If the LPA can't find the time to get the TPO on within the 6 weeks thats their problem to sort out. Sorry but I don't do TO's telling me they are going to put a TPO on "so don't do any work until etc". They either get it on in time or deal with any flack. I do however get accused of "using a window of oppurtunity"..lol.. The LPA has a window of 6 weeks so they should use it.

 

[redmoosefaction]

I just send 211 notices via email to the LPA. If a TPO is not served by the time the 6 weeks are up the work gets done as per the notice. If the LPA can't find the time to get the TPO on within the 6 weeks thats their problem to sort out. Sorry but I don't do TO's telling me they are going to put a TPO on "so don't do any work until etc". They either get it on in time or deal with any flack. I do however get accused of "using a window of oppurtunity"..lol.. The LPA has a window of 6 weeks so they should use it.

 

Yay! Double Ditto:dito:

 

Or is that a double double ditto:big grin:

 

I've done trees where the TPO came in 3 hours late.. tree was down already! The TPO lot love it coming in all guns a blazing, threatening arrests blablablah. sorry, you were just too late!