UKTC Archive

Re: mischievous applications

Subject: Re: mischievous applications
From: TreesonBC
Date: Dec 29 2002 12:37:33
Hi All,

Subj:mischievous applications 
Date:23/12/2002 09:12:19 GMT Standard Time
From:<A 
HREF="mailto:edmund.hopkins@xxxxxxxxxxxxxxx.gov.uk">edmund.hopkins@xxxxxxxxxxxxxxx.gov.uk</A>

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



On what basis can someone who has gone through the process keep reapplying 
without there being any change of circumstances?  That appears to be an abuse 
of the 'legal' process, apart from being a waste of time and money.  If there 
is a comparison with the normal planning process then, as I understand it, 
they can appeal to the High Court and thence the H of Lords.  That ends it.  
Once you get to that level it has to be demonstrated that you are wrong in 
law or perverse.  Higher courts don't usually go in for second guessing.

If there is no new grounds then can you not simply refuse on that basis?

Peter Bridge


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