Conservation refusal!

[Matt McAulay]

As I said from my experience, there a form of protection for an area it doesn't just cover trees either all the ones iv worked on we've had nearly the same sort of application process as tpo.

[treequip]

As I said from my experience, there a form of protection for an area it doesn't just cover trees either all the ones iv worked on we've had nearly the same sort of application process as tpo.

 

Its NOT AN APPLICATION, its a notification, there is a difference.

 

"They" would like you to think its the same because it gives them wriggle room to negotiate with those who don't understand the process, insisting on using their paperwork reinforces this.

 

The process goes like this,

 

you tell them what you intend to do,

 

they have the option of making a TPO to prevent you or they can simply let you get on with it,

 

they don't have the authority to negotiate on a 211.

[daltontrees]

I have had a situation like this myself recently, only the Council tried to approve the notification with conditions. I wrote back and said that the conditions were not acceptable to our client, that I had been telling the Council what we were going to do (not asking) and that if within 1 week I had not heard anything further we would go ahead with the tree removal.

It may have helped in that case and would definitely do so in your case to point out that if a TPO was made the client would apply for consent and if this was refused it would be appealed and in the meantime the Council would be responsible for compensation for foreseeable damage to the property. You need to be sure of teh cause and effect and that no other way of preventing the tree causing damage can be found.

From all that has been said, there is a small chance that there is a TPO already in place and that you should tread cautiously. Another week shouldn't hurt. There is just as much chance that the Council mistakenly thinks there is a TPO in place and has treated the notification as an application. Finally it is also possible that the Council is one of those that doesn't yet appreciate that s211 notifications cannot be 'approved' with conditions.

So, I would write very clearly and simply as suggested above, and give it a week. I would line up the work for immediately after that and would tell the Council that that is the case.

In my example, by the way, the Council never replied. The tree is now gone and the 'conditions' are meaningless.

Edited April 30, 2013 by daltontrees

[Amelanchier]

As I said from my experience, there a form of protection for an area it doesn't just cover trees either all the ones iv worked on we've had nearly the same sort of application process as tpo.

 

Which LPA Matt?

[WorcsWuss]

NO, you can only carry out the works you have notified them about, if you notify that you are crown lifting, but then fell, you could be in real trouble.

 

 

Sorry, good point, figure of speech.

[Coletti]

In my understanding of it it works like a planning application and locals have the right to object and if the reason for objection is deemed valid work cannot commence

[skyhuck]

In my understanding of it it works like a planning application and locals have the right to object and if the reason for objection is deemed valid work cannot commence

 

:banghead:

 

Its NOT an "Application"!

 

Its a "Notification"!

[oslac]

:banghead:

 

Its NOT an "Application"!

 

Its a "Notification"!

 

Ha ha . . . Its like when six of your friends say you are ill . . . then lie down.

 

In this case, when six people say its a notification, then its a notification.

[WorcsWuss]

:banghead:

 

Its NOT an "Application"!

 

Its a "Notification"!

 

:lol: don't burst a blood vessel Dave! :lol:

[humpo48]

Talk to your tree officer, don't take any risks.