council problems

[Gary Prentice]

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?

 

Your 'applications' would have been 211 notices for a conservation area, not for trees covered by a TPO. Entirely different rules.

[kentjames]

Your 'applications' would have been 211 notices for a conservation area, not for trees covered by a TPO. Entirely different rules.

 

No, they are TPO applications, I filed the forms myself, and it plainly states that.

[AA Teccie (Paul)]

No, they are TPO applications, I filed the forms myself, and it plainly states that.

 

Something's amiss here.

 

I would (very) strongly advised NOT proceeding with works on a TPO'd tree, as opposed to one in a Conservation Area, without being in receipt of a 'consent notice' issued by the LPA.

 

Whilst in some respects I quite like this approach, particularly for minor works where the TO doubtless has delegated powers, and indeed it may be indicative of a lack of LA resources, nonetheless the consent notice should/must be received by the applicant or their agent (AKA 'you'.)

 

Hope this helps.

 

PS On the original posting issue, 8 weeks determination period for a TPO. If slightly over, or a 'one off', fine but if significantly over and / or a regular occurrence then 'appealing for none determination'

 

See Planning Portal - What to do if your application is refused or delayed where it states:

 

"You can also appeal if the local authority does not issue a decision within eight weeks (known as non-determination). Unless you have agreed in writing to an extension of that period. If you appeal, your application will be out of the authority's hands."

[kentjames]

Oh don't worry Paul, I wont be going ahead with it, simply stated what is on the paperwork, the parish council have ticked their box last week and my two applications are apparently going through without issue. J

[Gary Prentice]

No, they are TPO applications, I filed the forms myself, and it plainly states that.

 

Most councils use the same form, with a tick box in Section 5; What Are You Applying For; TPO or Conservation Area. Its pretty standardized now and the same form is accepted as a notice of intent to carry out works within a CA.

 

The difference is in a CA you are legally entitled to cart on after 6 weeks if no TPO has been served. Be aware that the LA are not obliged to serve you, if you are acting as an agent of the applicant, only the applicant/owner and affected parties.

 

Non-determination ie they haven't answered is deemed as a refusal to carry out works on a tree protected by a TPO, so carting on is a breach of the T&CPA, an absolute offence.

[benedmonds]

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

 

If it is Derby City. They seem to be having issues at the minute.

I've found constant calling and emailing produces results. Going to appeal doesn't help as that takes even longer...