Planning app as a 211 notice

[Adam M]

A 211 notice does not have to take any particular form so long as it contains certain info (date, who served it, info to identify tree and a spec). Should a planning app indicating trees for removal or incursion into rpa etc be considered a notice of intent therefore having a 6 week consideration date with associated opportunity to serve tpo?

 

Thoughts appreciated please!

[benedmonds]

IMO yes. But in my experience No.

 

Slightly different, but I had a case where we felled some trees that were TPO'd. The AIA had gone into to the council as part of a planning app recommending that the trees were dangerous and needed to be felled. The councils TO agreed with the findings in the AIA. The consultant told me it was OK to fell the trees, the client told me it was OK and I saw the report from the TO saying they agreed they were dangerous and should come out. Planning permission was refused for other then tree reasons..

 

I should have checked.... but didn't get round to it, had seen the TO's report so assumed everything was in order... It wasn't and the job was stopped we were read our rights and they spent many a week threatening prosecution etc..

 

The consultant viewed his report as a notice to fell under dead dying and dangerous, (it did say the trees were dangerous and should be felled) the council did not think we had followed procedures, (which we hadn't).... I can see both sides of the argument but the stress caused the contractor (me) and the client was considerable... Plus the cost of the delayed works etc...

 

Just send in another 211 notice is my advice..