Council makes 2 decisions on same tree - any experience?

[Arbre]

My local council have given 2 separate decisions on the same TPO'd Oak tree.

In February 2015 they agreed after I applied that an Oak tree can be felled but the customer could not afford to go ahead at the time. The customer thinking the decision only lasted 1 year has got another tree surgeon to apply regarding the same tree and this time the council have said no to felling the Oak. Customer did not realise original decision is still applicable as lasts 2 years.

 

Anyone had experience of this or can advice me if the new decision supersedes the original decision or can I just go ahead working from the original decision?

[Adam M]

Have you reminded the Council of the apparent contradiction?

Are you still within the 28 days to appeal?

[Arbre]

Have you reminded the Council of the apparent contradiction?

Are you still within the 28 days to appeal?

 

I've not spoke to council as I have in my possession the decision allowing me to fell the Oak and within date so in my opinion I have permission to fell the tree. I only became aware of the newer decision by coincidence, I do not have a copy or proof of the new decision, just verbal from the customer.

I did not put in the newer application so not really something I can appeal.

[Ian Flatters]

My local council have given 2 separate decisions on the same TPO'd Oak tree.

 

In February 2015 they agreed after I applied that an Oak tree can be felled but the customer could not afford to go ahead at the time. The customer thinking the decision only lasted 1 year has got another tree surgeon to apply regarding the same tree and this time the council have said no to felling the Oak. Customer did not realise original decision is still applicable as lasts 2 years.

 

 

 

Anyone had experience of this or can advice me if the new decision supersedes the original decision or can I just go ahead working from the original decision?

 

 

 

If your going to be the one felling the tree then call the council and just discuss the issue. If your not going to be the one doing the work don't bother. Not your problem.

[Steve Bullman]

They should have come back to you if they could now afford to have the tree down, after all I assume it was you that put the leg work in originally. I'd be inclined to let them keep their tree personally

[easy-lift guy]

I've not spoke to council as I have in my possession the decision allowing me to fell the Oak and within date so in my opinion I have permission to fell the tree. I only became aware of the newer decision by coincidence, I do not have a copy or proof of the new decision, just verbal from the customer.

I did not put in the newer application so not really something I can appeal.

 

Under no circumstances accept the verbal word of a customer or governmental agency. Cover your back side with paper and if you want the job that much contact the Council with the facts and wait for final word, in writing from whom ever is in charge. Make sure terms are clear for payment since this seems to be an issue I have seen hundreds of times on this site.

easy-lift guy

[treequip]

If they have issued consent to fell then you have what you need, the other consent is merely hearsay

 

Have the consent to hand and break out the big saws. If there were to be an issue the (tree officer?) would have to persuade the LA legal department to proceed and in the circumstances you describe that's got all the chances of a snowball in hell

[Gary Prentice]

If they have issued consent to fell then you have what you need, the other consent is merely hearsay

 

Have the consent to hand and break out the big saws. If there were to be an issue the (tree officer?) would have to persuade the LA legal department to proceed and in the circumstances you describe that's got all the chances of a snowball in hell

 

What Andy said.

 

You have consent (assuming it's still within the time limit).

[daltontrees]

My local council have given 2 separate decisions on the same TPO'd Oak tree.

In February 2015 they agreed after I applied that an Oak tree can be felled but the customer could not afford to go ahead at the time. The customer thinking the decision only lasted 1 year has got another tree surgeon to apply regarding the same tree and this time the council have said no to felling the Oak. Customer did not realise original decision is still applicable as lasts 2 years.

 

Anyone had experience of this or can advice me if the new decision supersedes the original decision or can I just go ahead working from the original decision?

 

The legislation appears clear on this "Where consent is granted ... such consent shall be valid for a period of two years beginning with the date of its grant". It can be added that "A grant of consent... shall (except so far as the consent otherwise provides) enure for the benefit of the land to which the order relates and of all persons for the time being interested in it. " There is nothing in the legislation to suggest that the newer refusal negates the consent. Any analagous planning situations result in compensation being payable. It appears to me legelly possible for a consent and a refusal to overlap without contradiction.

 

There could be genuine reasons why felling this year is OK with the Council now but not next year, for example a new policy coming into effect or a Local Plan review. But you shouldn't have to speculate why. You have a consent and it can be used without penalty until it expires.

[kevinjohnsonmbe]

If you did the original application, perhaps yours contained sufficient detail and justification for felling and the later one did not?

 

Seems a possible example of poor record keeping by LA since if an extant approval already existed perhaps they might have queried or rejected the subsequent one?

 

Who knows, merged areas of responsibility, staff shortages, overtime restrictions... Could all play a part.