Planning notification wording

[Transplanted]

My notification to fell 3 cherry trees in a conservation area for a client has been deemed invalid as the council '' require proposals for re-planting or reasons for not wanting to re-plant''. They have highlighted part of question 7 on the forms.

My take on this is that the sentence begins with ''Where trees are protected by a TPO'' so the second half of the sentence (highlighted part) can only be referring to TPO trees as well: and not trees in a conservation area.

 

Am I reading this right or wrong? are the council correct to ask about replacements or otherwise?

 

Whatever its a badly worded question, awaiting replies with interest !

Transplanted.

Albany House.pdf

[Kev Stephenson]

Like you say it's CA so notification, as far as I know the only way the council can add a condition is to force a TPO first.

[skyhuck]

They are extracting the urine, not uncommon from councils unfortunately, they often seem to have little understanding of the legislation.

 

You don't even need to use the form.

 

Simply inform them in writing, get a receipt to prove you've informed then, wait six weeks then crack on.

[daltontrees]

My notification to fell 3 cherry trees in a conservation area for a client has been deemed invalid as the council '' require proposals for re-planting or reasons for not wanting to re-plant''. They have highlighted part of question 7 on the forms.

My take on this is that the sentence begins with ''Where trees are protected by a TPO'' so the second half of the sentence (highlighted part) can only be referring to TPO trees as well: and not trees in a conservation area.

 

Am I reading this right or wrong? are the council correct to ask about replacements or otherwise?

 

Whatever its a badly worded question, awaiting replies with interest !

Transplanted.

 

There is no requirement for replanting in a CA if you have given notification under s.211. The legislation for TPOs and CAs is similar enough that it i common for Councils to use the same form for both, but the legislation is fundamentally different in a couple of respects. You are not asking for permission, you are telling the Council that you propose to remove trees. You need only wait, either for 6 weeks to pass or for a TPO to be served.

 

So your notification is valid and the Council cannot deem it invalid because of the replanting intentions not being stated. If I were you I'd let the Council know that you consider that in a CA you are not required to say anything about replanting and that you consider the notiication has been given with effect at the original date. And leave it at that.

[hamdogg]

They are extracting the urine, not uncommon from councils unfortunately, they often seem to have little understanding of the legislation.

 

You don't even need to use the form.

 

Simply inform them in writing, get a receipt to prove you've informed then, wait six weeks then crack on.

 

 

My local council have upped there's to 8 weeks!! Bloody ridiculous IMO

[Transplanted]

Thanks for the replies everyone, its nice to be reassured by knowledgeable people.

 

Transplanted

[hamdogg]

Thanks for the replies everyone, its nice to be reassured by knowledgeable people.

 

Transplanted

 

 

What's that little thing on your avatar pic?

[skyhuck]

My local council have upped there's to 8 weeks!! Bloody ridiculous IMO

 

They can't.

[Chris at eden]

Cant open the link but the only reason you would need to replant in a CA is if you have felled in contravention or that the trees was dead / imposing an immediate risk. You would then become subject to section 213, but that's a duty, not something they can condition.

[skyhuck]

You don't need to give notice for Cherries I feel sure your client was cultivating them for fruit