Notification of works to a tree in a conservation area

[kevinjohnsonmbe]

This :thumbup:

 

This :thumbup::thumb up:

 

 

(and worth noting, the email the LA sent "asking" that you fill in their form could also act as an acknowledgement of receipt of the initial notice submission)

[Arctostaphylos uva-ursi]

I try to stay on good terms with tree officers. For the council's that want their own particular forms filled in I just fill them in electronically and email them. Never had any problems with this approach.

[agrimog]

by playing the councils game you help perpepuate the myth of there authourity, as long as you have complied with the legal requirment you are good to go, councils need to remember they are public servants,there to facilitate the elected members carrying out our wishes, not gloryfying there own importance

[AA Teccie (Paul)]

What form should a section 211 notice take?

 

A section 211 notice does not have to be in any particular form. It may be helpful to use the standard application form for work to trees protected by an Order (available from the Planning Portal) as a section 211 notice, but the authority cannot insist on this.

 

Section 211 notices | Planning Practice Guidance

 

Paul

[Will Heal]

Thanks for all the replies, this will save me from filling in the form and allow me to get on with the rest of the mountain of paperwork that I have.

Cheers!

 

 

Sent from my iPhone using Arbtalk

[Gray git]

Interesting, will this mean the applications I've had sent back because I've used a Google earth view to clearly identify a tree instead of a sketch plan shouldn't have....

My local lot won't acknowledge a notice unless it's on there own headed form and not even a generic application form....

 

Sent from my D5803 using Arbtalk mobile app

[AA Teccie (Paul)]

Interesting, will this mean the applications I've had sent back because I've used a Google earth view to clearly identify a tree instead of a sketch plan shouldn't have....

My local lot won't acknowledge a notice unless it's on there own headed form and not even a generic application form....

 

Sent from my D5803 using Arbtalk mobile app

 

Bottom line, albeit in possession of the facts in case it gets silly at any stage, if you wanna forge a relationship with your LPA / TO then hone your systems to align with theirs is what I would suggest and hopefully a "win, win" situation for you, them and your client will be the outcome.

 

Cheers..

Paul (he diplomat )

[daltontrees]

Bottom line, albeit in possession of the facts in case it gets silly at any stage, if you wanna forge a relationship with your LPA / TO then hone your systems to align with theirs is what I would suggest and hopefully a "win, win" situation for you, them and your client will be the outcome.

 

Cheers..

Paul (he diplomat )

 

As you could probably guess, I disagree that this form of diplomacy is beneficial. If Councils continue to believe that they are within their rights to insist on forms being filled in, and their misguided insistence is acquiesced to by tree professionals, then the public are forced neesdlessly to get bogged down in bureaucracy, leading to resentment of Conservation Area status, leading to resentment of their own trees. But show how easy it is to notify and that the onus is on the Council to chase up notifications, and the public will comply, trees will be properly regarded, Councils will have to decide whether to fund tree protection properly and if not to justify to society why they haven't.

 

The tail should never wag the dog. That way madness always lies. It's like Councils thinking they can condition CA agreements. It's a disservice to all to let them continue.

 

The bottom of the bottom line is tha thet legislation about CA notification is a masterpiece of minimalism. A CA notice has only to do 4 things -

Be clear that it is a notification relating to a CA

What works are proposed

"Sufficient particulars to identify the tree"

The date of notification

 

As long as it goes to the right Council' that's it. So a notification could say "I am hereby notifying you that I propose to fell the only tree in my front garden at XX Main Street, Treeborough in the Conservation Area. Yours sincerely Joe Bloggs. 14th September 2016." No map, no justification, no forms, no fuss. A 2 minute job.

[kevinjohnsonmbe]

A lot of the time the problem is that the LPA's are getting rid of tree officers, as part of their 'austerity' cuts. What you are left with to do the job is someone with no experience, training, or qualifications. Is it therefore any surprise that they get it wrong.

 

Ed

 

Totally agree, don't think it's gonna get any better any time soon! Especially noting job adverts that offer higher pay rates for climbers than TOs!!

 

As you could probably guess, I disagree that this form of diplomacy is beneficial. If Councils continue to believe that they are within their rights to insist on forms being filled in, and their misguided insistence is acquiesced to by tree professionals, then the public are forced neesdlessly to get bogged down in bureaucracy, leading to resentment of Conservation Area status, leading to resentment of their own trees. But show how easy it is to notify and that the onus is on the Council to chase up notifications, and the public will comply, trees will be properly regarded, Councils will have to decide whether to fund tree protection properly and if not to justify to society why they haven't.

 

The tail should never wag the dog. That way madness always lies. It's like Councils thinking they can condition CA agreements. It's a disservice to all to let them continue.

 

The bottom of the bottom line is tha thet legislation about CA notification is a masterpiece of minimalism. A CA notice has only to do 4 things -

Be clear that it is a notification relating to a CA

What works are proposed

"Sufficient particulars to identify the tree"

The date of notification

 

As long as it goes to the right Council' that's it. So a notification could say "I am hereby notifying you that I propose to fell the only tree in my front garden at XX Main Street, Treeborough in the Conservation Area. Yours sincerely Joe Bloggs. 14th September 2016." No map, no justification, no forms, no fuss. A 2 minute job.

 

Totally agree!

 

Uncharacteristically, looking at both sides of the problem.... It only takes a cursory glance through recent / current CA notices (those that are online) and TPO apps which are posted on LA websites to see that some fall woefully short of what might be considered 'adequate' to allow the process to proceed. Since either a homeowner or an agent can make the submissions, and some agents 'try harder' than others to present a submission that is likely to succeed, it would certainly seem to me that there are submissions that fall short.

 

Conversely, and noting staff cuts and training deficiencies (let's call it 'efficiency measures'), building relationships is a 2 way street. It's not just for the contractor / operator to build a relationship with the LA, but also for the LA to build trust and respect from the contractor / operator.

 

It seems to me that, across many domains of the public sector, the days of "the man from the Ministry" (I say man, because I'm referring back to a time when it probably was a man - equally likely to be a male or female nowadays) having an unassailable, invincible and overarching position of knowledge, experience, authority and respect are rapidly dwindling - not least of which because (as a result of 'authority' actions) the knowledge and experience are ever decreasing and, as a result of changing public attitudes towards authority, respect is dwindling.

 

Respect will be further diminished when 'authority' acts (or attempts to act) outwith its delegated parameters - in the OP's case, insisting upon a TPO form for a CA notice so as to minimise LA administrative effort by attempting to pass that administrative effort over to the homeowner or their agent.

 

There is a potential solution which could satisfy both parties in this scenario and that is to submit notices / applications via the planning portal - no quibbles over date of submission / validity / time to decide etc. There is even a system which allows you to register as a "smarter planning champion" details at the link:

 

https://www.planningportal.co.uk/info/200205/professionals/115/smarter_planning/2

 

Not sure how effective that system is going to be though... I made the application submission 6 weeks ago, heard nothing back, phoned to follow it up yesterday and was promised a call back "from the one who deals with that...."

 

On a side note, one of my sites had a TRN issued recently. I highlighted the errors / omissions / inaccuracies within said document to LA and suggested written withdrawal might avoid PINS and application for costs.

 

Written withdrawal received yesterday. Doesn't really do much to establish, maintain or enhance respect for 'authority.'

[woody paul]

What is the problem filling in the right forms takes no more time. Do as they want not as you think to keep them on your side.