UKTC Archive

Re: mischievous applications

Subject: Re: mischievous applications
From: Ian MAY
Date: Dec 23 2002 12:38:17
"" 12/23/02 11:18am >>>wrote;

No its nowhere near an article 5 and yes I think we could reasonably say "Go
away", but I posted my question hoping for advice on whether the LPA can
refuse to book in the application. Dominic's example was helpful though I
see you (Dom) went to several appeals, and kept booking in the apps and
doing the site visits. Its not the question of liability which bothers me
but the mischievous waste of time.

Edmund Hopkins
Arboricultural Officer
Have you considered using a joint impartial Arboricultural Arbitrator to put
the matter to bed ?

Provided both applicant and LA are satisfied with the choice of Arbitrator and
both will abide by the Arbitrators findings, then even if the cost is absorbed
by the LA, there could be significant savings in resources otherwise suffered
in dealing with the repeat issue.

If the Arbitrator supports the removal of this tree, then you would undertake
to support it to Planning Committee and Appeal if necessary.

If the Arbitrator supports the refusal, then you would recommend refusal to
committee and if it still goes to Appeal, you would recommend costs be awarded
against the appellant.

I suspect the latter scenario will bring the matter to closure.

Regards Ian............ .


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