common lime

If a minor application has not been determined within eight weeks the applicate can appeal to the Planning Inspectorate for non-determination and costs. I suggest that you talk to a planning consultant who is a member of the RTPI. In the majority of appeals you will receive a more reasonable and considered opinion from an Inspector. Given the Inspector will not take into consideration any political concerns about the proposed development.

I read a great a summary by an autistic person how they felt that autism impacted on him. He said that to him autism is the limitation to communicate verbally and socially in the norm that societies expects. To me my dyslexic is a limitation to communicate literally with in norm that societies expects. Non-dyslexics do not realise the extra work and time that is required for a dyslexic person to get written work up to an expectable standard.

You client submitted a planning application with a red line around the site that includes all the trees on the site? If so no tree works can take place before the planning application has been determined. All trees are a material consideration once a planning application has been submitted. If the trees that your client wishes you to remove are shown for removal in the submitted plans once these have been approved then the tree works can go ahead. Phone the duty planner for their opinion to confirm the above. Your client should removed the trees before submitting the planing application.

17 years you say if you can demonstrates over four years of continues change of use it might be inappropriate for the council to take enforcement action. The following blog is really helpful for planning law; Martin Goodall's Planning Law Blog You will still need to get an RTPI planner for help maybe from an open planning scheme or Planning Advisory Services (PAS); Home | PAS Remember an LPA (local planning authority) might call it self a planning services but they (we) are an authority. It's an LPA's legal duty to determine and regulise planning legislations and regulations within keeping of the law.

The keyword in the above is 'SMALL WOODLAND therefore in all probability it was a Forestry Commission Woodland Officer requesting the ecology scooping survey. Also they have not quantified 'SMALL' everybody has a different idea of small otherwise there would not be any needs of units of measurements and rulers. It is very unlikely that a small woodland would be within a conservation area as in accordance with the Conservation Area Regulation 1997. Given these conservation area are determined on architectural merit not on biodiversity. I am not sure why anyone thinks that an Arb/Tree Officer within a Local Planning Authority (LPA) would make a site visits to a woodland for the removal of dangerous tree and forestry thinning in a 'Small woodland'? A scooping survey for an FC Felling licence is a reasonable request.

The above is what I recognise as current best practice with the addition of when there has been a prolonged period of dry weather in spring and or summer months tree pruning should be delayed. Tree pruning works were traditional undertaken in autumn and winter months for cultural reason ie there was a pool of available horticultural and or agricultural labour on the country estates to undertake tree work given their other task had come to an end for the season.

If there has been no known threat to a two hundered old tree and I can not be seen from a public open space why should the tree have been protected by an TPO? I do not have time to drive around the area looking for all the tres that should have a TPO all my time is taken up with task that came in vai my in tray, e-mail and telephone. You do known that due to Council cut backs more and more TO's have no admin support that more and more time is taken up with administering the regulations? I am lucky to get out the office once a week but more likely once a fortnight!

Still temping as an TO. My opinion is that if I am asked over the phone or via e-mail what is the planning protection status of a tree(s) I state turfully what it is at the time of the enquiry. This does not stop me from viewing the site/trees on web base maps and doing a site visit and deciding that the trees have public visual amenity value. It just means that the Council has to make a decision and then server a new Order quickly befor the tree(s) is/are gone. Sometimes I, get tips offs from contractors, planning officer (per application meetings), enforcement officer who keep an eye of the local estate agents and auction listings, conservation area officer and members of the public. If the trees can be see from a public open space, provide significant public visual amenity value, are healthy and there is a know threat like a enquire of their legal protection, change in land ownership, planning application etc. Then the TPO can be defended legally because these are the tests within the 'Blue Book'. For sure it is a pain for a contractors but without the enquiry there is no known threat and most Council have not got the reasources to be proactive survey their area for new TPO's and for removing the old ones. So the first time that a Council will often know that there is a known threat to a tree is when they received an CA/TPO enquiry. There is no consprearancy it just the lack of reasources and the requirement to protect trees that provide public visual amenity vaule within a local planning authorities area. Just be glad that you do have to deal with the local tree huggers that want the Council to TPO every tree no matter the cost implications that could result from such actions!

There are many reasons why people wish to have a tree removed and it is all to easy to blame it on hazard and risk because this is consider as a genuine reason to remove a tree. As Temporary TO when a tree that has significant public visual amenity value has a real and not a made up defect and there is high value target within failure distance. It makes the decision to allow the tree to be removed easier to defend from people that might object to the removal of trees than if there is no defect. At the moment there are very few arborist within Councils and when they do remain given thier high work load they need to make assessments and decision quickly. If they have a report saying this tree is dangerous reputable arborist they are not going to invest much time in defending that tree. Unless it turns political:thumbdown: As a matter of interest who condemned the tree? Highways?

When the decision notice is issued by the Council that is a full or a part refusal then it should state the following; 1. A date 2. A reason for the refusal 3. How you can appeal the refusal 4. Your right to compensation You have 28 days from the date of the refusal to make an appeal to PINS the form can be found at the following link; http://www.planningportal.gov.uk/uploads/pins/tpo_appeal_form.pdf I would check the decision notice carefully to see if it complys with the new Regulations.

The new TPO regs only apply to England not sure what changes if any have happened in Wales:confused1:

The Council by determining not one but two tree work applications for trees protected by a TPO when there was no valid statutory controls on the tree. Is in my opinion maladministration by the Council of the TPO regulations and not within keeping with the recommendations within the 'Blue Book' section 6.44. There are few things that I would recommended these are as follows; 1. The client should check if they have legal cover on the house hold insurance. 2. The client should contact his/her local Councillor and or MP 3. The client or you should write a letter to the Chief Planning Officer ccing the local Councillor and MP about the Council determining two application. Thus on the two occasion paying out for tree works that would not have been necessary if the tree had been felled on the first occasion. Your client should use the words recovery, undue stress, maladministration and ombudsman. Sending in copies of the decision notices that the Council issued on the non-confirmed TPO thus it was not valid at the time. 4. At the same time make an application to fell the tree offer to replant a new tree this makes your client look reasonable. 5. Client should consider small claims court to recovery the cost ot tree works against cost of removing tree for determining the two application when the Council has no powers to do so. Action like these by Councils make me really mad I am currently covering a TO post were the old TO regularly did this sort of thing. I have had some very strained and odd phone calls to neighbours asking why they had to make an TPO application in the past were I have recently told their neighbouring the Councils has no TPO therefore no application is required. More maladministration of the TPO regulations that comes to light can only improve the very poor database system that some Councils still have. Also it should incourage Councils to employ TOs and Arb Officer who know the Regulations and what they are doing!

Leicestershire County Council Highways Forestry team who are an Arboricultural Association approved contractor have been doing these type of services for years: Leicestershire Highways Forestry / Trees Services - Leicestershire County Council

Paul, I have been on the AA 'bat awareness training day' and it does just what it says on the tin and I throught it was a very good course. However the cost of the course and all AA tree courses always seems to me a little pricey compared to the bat world! Did you know Paul that the BCT have their annual conference at the same venue as the AA on the Friday/Saturday and Sunday at half the price?

The cheapest and easiest way to start the process to becoming a licence bat holder is to join your local or neighbouring Bat Group. I am member of three local bat groups some are better than others in terms of walks, talks and training that they offer. I am also a member of the BCT (Bat Conservation Trust), mammal society and my local mammal group. Once you get the bat bug there is no turning bat:lol: