UKTC Archive

RE: mischievous applications

Subject: RE: mischievous applications
From: Dominic Scanlon
Date: Dec 23 2002 09:41:15

We had a similar situation here - repeated applications and appeals to fell
a large oak.  The applicant was quite open about it in advance so after the
first refusal and appeal we fast tracked it with our committee.  We usually
take all refusals to committee but with this one we got permission to use
our delegated powers to refuse it.  This obviously saved a lot of
time/report writing but was still a waste.

The applicant always kept his reasons the same so we  figured that as the
committee had already seen this there was no need for repeated visits.  We
felt that if his reasons changed then we would need to go back to committee.
The Inspectorate sent different inspectors out each time but we always got
the same result.

In the end he gave up.  Ross Kennerley at South Hams District also has a
site with annual applications but I'm not sure how he deals with this.

                Our householder has a fine tree but resents it bitterly and
has applied to
                fell perhaps 4 times over the last ten years. It went to
appeal around 2
                years ago which the council won then another app came in
which I attended.
                The householder said she would apply to fell annually in
order to transfer
                liability when it fell down, to the LPA. I think I
understand the
                circumstances when compensation is payable (and quite right
too)but I can't
                help thinking this is a mischievous misuse of the planning
system. I'm due
                to visit again and its less than 6 months since the last
refusal. What can I
                do? Incidentally she steadfastly refuses to engage a
consultant regarding it
                as a waste of money - what a vexatious person!

                Edmund Hopkins
                Arboricultural Officer


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