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Posted

In a conservation area you don’t make an application. You file a notification of intent called a “211”. The LA than has 6 weeks to either protect the tree (with a TPO) or allow you to carry out the works outlined in your “211”

 

this is from a message sent to myself. thank you very much.

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Posted
In a conservation area you don’t make an application. You file a notification of intent called a “211”. The LA than has 6 weeks to either protect the tree (with a TPO) or allow you to carry out the works outlined in your “211”

 

 

WE know!!, we told you that yesterday!! :thumbup:

Posted
If you have a record of your notification 6 weeks ago and there is no TPO then you can do what you like. THEY CAN NOT REFUSE!

 

And the best way to keep that record, and clear this whole point up???

 

 

Use PLANNING PORTAL! :thumbup:

Posted

I'd add that ideally your record of the notification should include some information proving reciept by the LPA if possible as the burden of proof in such instances lies with the notifier.

 

In reality - sending S211 notifications in be recorded delivery could be a little pricey, emails have read reciepts though.

 

The way the legislation is phrased is that it simply lists defences against prosecution i.e., if you can't prove one of the defences (having notified the LPA / Tree under 75mm diameter / dead / dangerous) then you have committed an offence.

 

Guilty 'til proven innnocent if you like. :D

Posted

Ahhhhhhh..... i got ya now. Sorry Bundle, bit slow on the old uptake there.

 

 

Agreed though, it IS a 'PITA', BUT do you not find that the benefits outweigh the ball ache??

 

I can see that written notice would be and is easier to facilitate the little, one off jobs, but on large scale works, i always found that the "traceability" factor alone, was well worth the effort.

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