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Flaws in TPO Plans


Gary Prentice
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Out of interest, does everyone usually get the letter back from the council after applying to works in CA! I applied and the deadline for them to give a decision was 31st! Not got no letter! So I went ahead with the works shortly after!

 

Some do, some don't. Best practice went out of the window with financial restraints and low staffing levels.

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Some do, some don't. Best practice went out of the window with financial restraints and low staffing levels.

 

 

I think there low on staff, it took them 3 weeks to send me the letter confirming they received my application!

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I think there low on staff, it took them 3 weeks to send me the letter confirming they received my application!

 

Ours don't even do that! I suggested that it was good practice to acknowledge receipt of notices and applications to the planning officer. His reply regarding the work involved to do that was on a level to a request to sleep with his sister.:biggrin:

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It is annoying to say the least when councils behave like this. The tree clearly has no long term future and as there are people and property at risk, i think it is completely irresponsible when they behave in this way, usually due to 1 person flexing the muscles of his position.

 

It depends how you look at it. Allowing for the decline naturally, in place of going "oh yeah it's on its way out, let's fell it" is an ecological stance.

 

I don't think the original point made any point of the tree being a danger to anybody?

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Ours don't even do that! I suggested that it was good practice to acknowledge receipt of notices and applications to the planning officer. His reply regarding the work involved to do that was on a level to a request to sleep with his sister.:biggrin:

 

 

Haha fair enough!! At least your TO has a sense of humour!!

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What I actually have is a PDF, but I have nothing to suggest that it is an original PDF made by the authority. Everything is jumbled up (no page numbers) and out of sequence. So I don't know if this is how the council created it or whether it has been supplied in this manner deliberately. The order isn't available on-line, just the interactive map identifying the tree numbers and a different Ref number (which coincides with the plan title ref. no.) to the order.

 

Send it over if you want, strictly confiential, and I'll have a look. It's an interesting question and one that I am sure many have had to ask faced with some degree of Council shambolic tree records. At what point is it unfixable?

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The differing opinion that I'm attempting to counter is that the intent to protect is there! I feel that's correct to assume, because an order has been created but the pertinent question is whether it is valid. With differing titles there is no evidence to prove that this map belongs to a valid order, there's no link apart from that they are together and is ambiguous. I can't consider hypothetical prejudice because of the unavailability of further information.

 

At best the Order would show that intent to protect WAS there, not IS. It seems like the focus should be on what the objective is here, is it having the Order set aside, or is it being able to remove trees that may or may not be protected by it.

 

No-one has taken me up on the imminent danger exemption, so I'm guessing it doesn't apply. So the next best thing is often the apply, get refusal, appeal, win appeal route.

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