Planning notification wording

[Transplanted]

In reply to Hamdog's question, the machine in my avatar is a Truxta; a walk behind 4 wheel drive powered barrow/ mini-dumper. I will start a new thread about them later today. Transplanted.

[daltontrees]

Begging to differ slightly with Edward C. The notice was correctly given originally, and there is surely no need to re-notify or adjust the date of notification to accommodate the Council's misunderstanding of the legislation?

 

As for cherries, it's a bit reckless to suggest on a public forum that they are exempt, emoticons might not be enough to save someone from getting into serious trouble for accepting the 'advice' from a knowledgeable person at face value. I hope the OP has figured out that it was a joke. There would of course be nowhere to hide for felling an ornamental cherry in a residential setting under exemption.

[Jon Heuch]

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?

 

Others have given you Chapter and Verse on this; of course the temptation is to show the Council that you know more about the law and administration than they do......but if you're asking us you clearly have some doubts yourself so best to do the minimum:

 

What I hope you do have is a clear statement from the Council showing you the date that they had received your notification. If so just reply:

 

"Thank you for your letter/email dated x/y/2016 acknowledging my s.211 notification of works to trees in a Conservation Area. I will use this for any defence I might need under s.211(3)(a) and s.211(3)(b)(ii)."

 

It should at least get them to look at the legislation!

 

You don't need to enter into any other correspondence.

[hamdogg]

They can't.

 

 

Well they have done!! 🤔🤔

[Jon Heuch]

Well they have done!! 🤔🤔

 

please share with us.....which Council?

[hamdogg]

Skipton is in Craven District Council

 

 

It's Bradford Council, I noticed it a few month back on there planning validations

[hamdogg]

[Paul Barton]

Maybe you're confusing a s.211 notice for a conservation area and a planning application for works on a tree with a TPO Hamdogg?

 

6 weeks is the time limit for decisions on a s.211 notice, but 8 weeks is the standard length of time for a planning application.

[daltontrees]

Maybe you're confusing a s.211 notice for a conservation area and a planning application for works on a tree with a TPO Hamdogg?

 

6 weeks is the time limit for decisions on a s.211 notice, but 8 weeks is the standard length of time for a planning application.

 

Maybe? Definitely!

[skyhuck]

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

 

Disclaimer!!!! for clarification, the above post was a joke

 

 

 

:001_rolleyes: