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Refusal of consent & Compensation


Gary Prentice
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Advises when applicant is eligible to claim compensation  

10 members have voted

  1. 1. Advises when applicant is eligible to claim compensation

    • Yes
      6
    • No
      4


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D'oh! I just realised that your poll applies to people who have had TPO approvals (myself included) i.e. approvals that have conditions attached, which is always. The conditions might not be about replanting or the extent of pruning allowed, they can just be a time limit (usually 5 years). If approval is granted and conditions are attached then the right to claim compensation should be advised to the applicant.

 

I should dig out a few approvals from Councils round here and then vote. Anyone else who has looked in and has had conditioned approvals could do the same. It could get the overall vote numbers up and make it a bit more of a representative poll? It's your shout though... the Model Refusal Notice in the 2009 Guidance clearly doesn't apply to conditioned approvals sxo I expect just about no Councils will advise of compensation rights along with approval. So it might skew the results.

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I can't seem to find the 2009 Model refusal notice, is it in the 2009 addendum?

I genuinely don't know. I have a copy of the Guidelines that I made up by merging the 2006 Guidelines and the 2009 addendum. So I don't know which contained the Model.

 

 

Oops I have just checked I still have the 2006 Guidelines unamended and the Model Notice is there at Appendix 7. Sorry for the wild goose chase.

 

If you want a copy of the amalgamated Guidlelines let me know. They are now a bit out of date following the 2012 Regs but the explanatory not to the Regs says which aspects of the law has been changed, so if I look at the 2006/09 amalgam and then quickly check the Explanatory note I am quite confident of the current position.

 

You would think somebody centrally would do this for us officially and update for the 2012, it only took me about 4 hours to do the last one.

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I genuinely don't know. I have a copy of the Guidelines that I made up by merging the 2006 Guidelines and the 2009 addendum. So I don't know which contained the Model.

 

 

Oops I have just checked I still have the 2006 Guidelines unamended and the Model Notice is there at Appendix 7. Sorry for the wild goose chase.

 

If you want a copy of the amalgamated Guidlelines let me know. They are now a bit out of date following the 2012 Regs but the explanatory not to the Regs says which aspects of the law has been changed, so if I look at the 2006/09 amalgam and then quickly check the Explanatory note I am quite confident of the current position.

 

You would think somebody centrally would do this for us officially and update for the 2012, it only took me about 4 hours to do the last one.

 

Hello there Mr Jules, could I be cheeky and ask for a copy too please? Be most appreciated :thumbup:

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