council problems

[derbyshiretreeservices]

I have had a TPO forms filed with the local council, normally they take about 8 weeks from start to finish but due to cutbacks and staff going off sick and nobody calling me back and so on, after 3 months they STILL have not sent any one out to survey the trees in question, my question is can you TELL the council to hurry up by setting then a deadline to work to and if they don't respond by getting the paper work completed within a reasonable time, do you have a legal right to carries on regardless?? I would like to hear from any one who has encounter these problems and do they/you have a good answer, thanks Brian

[MATTMOSS]

Hi Brian,

I work for a Council and I feel for you. I am seeing more and more of this.

I think you are well within your rights to complain and tell them that its losing you work, its not good enough.

As for going ahead with the work anyway, I wouldn't agree with but I know that's how it makes you feel.

If its a conservation area application they have six weeks to reply and if you have heard nothing then you are free to do the work, still I would give them an extra week just to be on the safe side.

Tpo applications - annoyingly can be limitless waiting.

I would suggest a phone call or two to the highest planning officer you can.

good luck.

[treequip]

Ombudsman for non determination

[kevinjohnsonmbe]

Check the customer charter for your LA (my area is 3 days for a straightforward response to a query, 10 days for a more complex issue). There should also be a 'key dates' link on the planning page (if a TPO submission) Write or email via customer complaints would be my advise.

[MATTMOSS]

Ombudsman for non determination

 

How long do you have to wait before you can determine that its ''Not been determined''?

[treequip]

How long do you have to wait before you can determine that its ''Not been determined''?

 

You should be able to tell me that

[MATTMOSS]

You should be able to tell me that

[treequip]

I have had a TPO forms filed with the local council, normally they take about 8 weeks from start to finish but due to cutbacks and staff going off sick and nobody calling me back and so on, after 3 months they STILL have not sent any one out to survey the trees in question, my question is can you TELL the council to hurry up by setting then a deadline to work to and if they don't respond by getting the paper work completed within a reasonable time, do you have a legal right to carries on regardless?? I would like to hear from any one who has encounter these problems and do they/you have a good answer, thanks Brian

 

The LA has eight weeks to notify the applicant of their decision, if they fail to do that you can appeal, which effectively takes the decision out of their hands.

 

If it becomes apparent that they were ready to make a decision, and the decision is what you wanted you can withdraw the appeal which puts things back in the LAs hands.

 

You should speak to the head of planning and tell then that unless they determine the application it will go to appeal.

 

They might actually be happy about that, if they are short handed it will strengthen his case for more staff or just maybe get him out of the inevitable next round of cuts.

[Gary Prentice]

As treequip said, eight weeks then straight to appeal on the non determination. Make sure you tick the fast-track box. It can be more work for the planning department and I think it may cost them.

 

It doesn't look good if they are getting loads due to non determination because it simply means their job isn't being done in the allotted time span. I had an inspector on site within 3 weeks with my last appeal.

[kentjames]

Certainly sounds an unreasonable time to wait.

 

I noted on two recent applications that I've done with my LPA that the acknowledgement letter from the TO states:

 

''You may proceed with the tree works in strict accordance with submitted details if you have not received any further correspondence from me in respect of this matter by 'X date' 2013''

 

Might be worth double checking your paper trail to see if similar is present?