Hypothetical teaser

[Amelanchier]

Person A wants to fell a protected tree in a conservation area but thinks it likely that the tree would be TPO'd by the LPA. After a bit of scheming he resolves to submit the following s211 notification:

 

Dear Sir/Madam,

 

As per the requirements of section 211 of the Town & Country Planning Act 1990 (as amended) I hereby notify you of my intention to fell all the trees in the _________ conservation area that are over 75mm in diameter when measured at 1.5m from adjacent ground level.

 

Yours sincerely,

 

Person A

 

What do the LPA do? Ignore a legally made notice and let person A fell his tree (plus anyone else who wanted to)? TPO everything and incur the wrath/objections of several hundred residents?

Edited January 8, 2013 by Amelanchier

[HCR]

Ask him to submit a plan showing each tree marked

[Amelanchier]

Does he need to submit a plan to have met the requirements of the Act? The notice contains "sufficient particulars to identify the trees".

[sloth]

Hmmm, interesting! Perhaps better asked on the uktc, where (i think, but may be wrong) more tree officers post...

[Amelanchier]

Hmmm, interesting! Perhaps better asked on the uktc, where (i think, but may be wrong) more tree officers post...

 

I did append this to another issue on the UKTC some years back but that derailed rather promptly (as these things do). It's come to mind again and this time I thought I'd approach those on the other side of the fence.

[JonnyVine]

Hi Tony

They certainly wouldn't ignore it due to the further implications which you point out.

In my experience, LA's are notoriously suspicious of any application that is so paucing in information and would most certainly require more, upon receipt of, TPO whatever you indicate.

Also, to seek pennance for your attempt to pull a quickie over your LPD, double the council tax for your postcode, inform all the local residents that the increase is your fault, move the local recycling depot to the bottom of your road and ban dog walking in all other areas appart from yours (again informing all the locals of the reason for doing this).

[Amelanchier]

Hi Tony

They certainly wouldn't ignore it due to the further implications which you point out.

In my experience, LA's are notoriously suspicious of any application that is so paucing in information and would most certainly require more, upon receipt of, TPO whatever you indicate.

Also, to seek pennance for your attempt to pull a quickie over your LPD, double the council tax for your postcode, inform all the local residents that the increase is your fault, move the local recycling depot to the bottom of your road and ban dog walking in all other areas appart from yours (again informing all the locals of the reason for doing this).

 

Ha possibly, though that would require unparalleled cooperation between departments (and I say that as an ex LPA employee)

 

Regarding the former - surely it wouldn't matter if they did ask because the notice has been given and the clock starts whether they think it has or not (its a defence in law not a requirement of it).

 

If Person A were feeling particularly vindictive he could even consider submitting one such notice for each CA in the district on the same day... Its been suggested that an injunction could be used to negate/prevent the uber-211 but I can't see how that could be done fairly?

Edited January 8, 2013 by Amelanchier

[nepia]

What do the LPA do?

 

 

Run hotfoot to their legal department I suggest. The law does sometimes allow its spirit to supersede its letter and, without knowing anything about the Act myself, I cannot believe that the course of action hypothetically undertaken by your hypothetical member of the public would be within the spirit of the Act.

Whether I'm right would be for a court to decide.

[Graham]

Forgive me as I may be missing something here. Why would the LA incur the wrath of several hundred people (possibly)?

 

Presumably all the trees affected would be on person A's property? Otherwise he would need to be acting as an agent for trees not on his property. Is he able to submit an application for a third party's trees without the owners consent?

 

Is the six weeks insufficient time for an LA to TPO individual trees or the whole if the TPO criteria are met?

[JonnyVine]

Ha possibly, though that would require unparalleled cooperation between departments (and I say that as an ex LPA employee)

 

Regarding the former - surely it wouldn't matter if they did ask because the notice has been given and the clock starts whether they think it has or not (its a defence in law not a requirement of it).

 

If Person A were feeling particularly vindictive he could even consider submitting one such notice for each CA in the district on the same day... Its been suggested that an injunction could be used to negate/prevent the uber-211 but I can't see how that could be done fairly?

 

Like you say, the information you have supplied is legaly sufficient and the clock is ticking so as long as you have a coppy of the letter and sent it SD then you are covered, however I would think that the LPA would reply with objections within the six week allowance, If they didn't, then its open season.

 

PS, have LAs ever done anything fair?