Refusal of consent & Compensation

[Gary Prentice]

I've been doing a lot of reading recently, which has made me aware of an issue I've often overlooked.

 

Section 203. Town and Country Planning Act

 

203. Compensation in respect of tree preservation orders.

A tree preservation order may make provision for the payment by the local planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence—

 

(a) Of the refusal of any consent required under the order, or

(b) Of the grant of any such consent subject to conditions.

 

Reading the Guide to the Law and Good practice and looking at model orders, I realised that some LA's fail to advise on the applicants rights to recover certain losses due to a Refusal Notice.

 

Out of academic interest I thought I'd try to canvas the forum and try to calculate how widespread the practice is? So does your planning department follow the Model Refusal Notice or ooops we forgot to mention that .....

Edited July 20, 2013 by Gary Prentice

[Gary Prentice]

43 views and only one vote:confused1:

 

My apologies as the question may be confusing, I've spent many hours on the subject and still managed to post poorly.

 

On TPOs made after 2nd August 1999 (and earlier orders where an article 5 certificate hasn't been issued), if a refusal notice is issued and the the applicant suffers a resulting financial loss of over £500, recompense may be claimed from the Local Authority.

 

The guidelines contain a Model Refusal Notice, that planners may use, that informs the applicant of this fact and how to claim. Some Refusal Notices that I've received do not include this information.

 

I'm trying to find out if this is a common practice, because if the applicant doesn't know they can claim - they won't.

 

So the question/answer is;

 

Yes - my LA includes information on claims for losses

No - my LA omits to include information on claims.

[Jamie M]

I've never had an application refused so am unable to comment.

Not a fat lot of use but at least someone has finally replied.......

[Gary Prentice]

:lol:I did consider" never had a refusal" as an option.

[daltontrees]

I've never had a refusal either. And my input might be a bit useless anyway as the law and best practice north of the border is slightly different.

[treebloke]

We are just about to have an application refused, the tree is within a beer garden and it has an adverse affect on trade. The application has not been validated as yet, we are in discussion with the LPA. This could be a determining factor if they give consent or not.

[daltontrees]

Just out of interest i checked the equevalent Scottish situation. There is no requirement anywhere for the LPA to advise a person whose TPO application has been refused, that they have rights to claim compensation.

[Hareholt]

This is probably not exactly the right context, but it may help in building up a bigger picture. I've just had a TPO placed upon a small plantation woodland which I manage for firewood. The LPA fell at the first hurdle by virtue of the fact that they didn't inform me (the owner of the wood) or, in fact, many of the adjacent woodland owners/managers and snuck the TPO through. When pressed about the potential loss of earnings due to their categoric refusal to allow thinning, the LPA verbally stated that no form of compensation for this loss was available....It appears that my LPA are not conversant with the relevant regulations, yet apply them without forethought.

[Gary Prentice]

Just out of interest i checked the equevalent Scottish situation. There is no requirement anywhere for the LPA to advise a person whose TPO application has been refused, that they have rights to claim compensation.

 

 

I believe it's the same here, being only included in the guidelines. We don't even get an acknowledgement of receipt of applications from one authority.

I'm sure that the wealthier applicants, who employ people with knowledge, never miss out on the opportunity to claim recompense. Mr and Mrs Joe Public who attempt their own applications probably just give up on receipt of a refusal. It seems a little immoral, not to advise on their ability to claim for losses.

 

 

 

This is probably not exactly the right context, but it may help in building up a bigger picture. I've just had a TPO placed upon a small plantation woodland which I manage for firewood. The LPA fell at the first hurdle by virtue of the fact that they didn't inform me (the owner of the wood) or, in fact, many of the adjacent woodland owners/managers and snuck the TPO through. When pressed about the potential loss of earnings due to their categoric refusal to allow thinning, the LPA verbally stated that no form of compensation for this loss was available....It appears that my LPA are not conversant with the relevant regulations, yet apply them without forethought.

 

I've actually heard of a farmer who planted hundreds of Norway Spruce, out of his own pocket, only to have an order placed on it before he could start felling for christmas trees.

 

Bit away from the subject, but a LA approached a local landowner twenty years ago to ask if they could plant some trees on his land (which ran along the highway). When he requested the canopy was cut back, due to obstructing the entrance and signage to his units, he was informed that they were now protected:lol::lol:

 

It's all fun and games........

[Gary Prentice]

We are just about to have an application refused, the tree is within a beer garden and it has an adverse affect on trade. The application has not been validated as yet, we are in discussion with the LPA. This could be a determining factor if they give consent or not.

 

Why hasn't the order been validated? If it contains all the relevant information necessary, to identify the tree, ownership and extent of works, it has to be. Or do you mean decided/determined?

 

I would image though that the LA would require proof that the tree is causing a loss in income, both at the application stage and if any recompense was sought. I'm not sure if it would be claimable tbh. I'd be interested in how you get on.