Hi guys,
After 20 years of submitting sections 211s this is a bit of a new one on me. To cut a long story short the notification was registered as valid. Nothing was heard for six weeks, then the LPA has belatedly issued me with a letter that that has a file name "non determination letter". The letter is dated within the six week period and says
"This letter is to advise you that an assessment of your proposals has determined
that a felling licence from the Forestry Commission is necessary. A felling licence
application should be determined prior to the submission of a S211 notice"
This is new to me. I thought that they were separate things. The LPA decides whether or not to place a TPO, the owner of the trees can decide whether to fell 5 cubic metres or less a quarter or apply for a felling license.
Its like you need a permit to disturb badgers, you need to wait till birds stop nesting and you need the owner's permission to fell a tree but these things have nothing to do with the validity of a section 211 or the council's inability to do anything if they have not placed a TPO by the end of 6 weeks.
Does anybody know if a felling license is a prerequiste for a section 211 or just a prerequisite for felling more than 5 cubic metres a quarter?
Can a notification registered as valid be legally "non determined?" without "no objection" by default being the outcome?
I am wondering if the LPA just hates the idea of letting me fell the trees, knows a TPO on a huge double screen of hybrid poplars and leylands at maturity would be ridiculous and so is hiding behind the FC hoping that, in order to get a felling license, a field of scrub ideal for infill development (which at present is not actually mooted but which would no doubt come to mind to some owner at some point) will end up getting a woodland classification?
I would be very grateful of your thoughts guys.
Thanks
Paul