Planning notification wording

[Joe Newton]

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

 

 

 

 

 

 

 

:001_rolleyes:

 

 

Many a true thing said in jest though, eh Huck?

[Adam M]

That's skating on very, very, thin ice. The Council could prosecute both the tree surgeon and the client. The client would then find themselves in Court having to prove that the cherries were 'cultivated for the production of fruit in the course of a business or trade and such work is in the interests of that business or trade'.

 

All you need to provide for a S211 are a detailed spec. for the works, and the location of the trees.

 

You could write to the Council, point out you have complied with the requirements of the Town and Country Planning Act, the 2012 Regs, and the Planning Practice Guidance, and the notice has been duly served. And that you consider the six weeks notice period commenced from the date of their letter to you asking for the information on tree replacement.

 

Another option would be to withdraw your notice, and re-serve by email or letter with just the spec. 'fell three cherries' and the plan.

 

And or you can enter into a discussion with the Council about the rights and wrongs of their requirement as;

1. The trees are not TPO'd

2. They cannot validate or otherwise the notice, (it's not an application)

3. The above constitute maladministration and you will make a formal complaint to the ombudsman after going through the Councils own complaints procedure.

 

The problem is a lot of Councils are dispensing with qualified and experienced arboriculturists. Some, of course, never had them in the first place.

 

The time prescribed in legislation to consider a S211 is six weeks, for TPO's it is eight weeks. That applies equally to the Council and everyone else.

 

Ed

 

Hi Ed, re: validating CA notices, surely there is a differentiation between a notice with sufficient detail and one that either does not provide sufficient information with which to identify the tree and/or describe the requested works? If there's sufficient info, it's able to be acknowledged but if not, is it not invalid? What's the terminology ? As far as I understand, the clock starts from the date that the correct level of information is received.