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Julie.
Thank you. I should have just asked you first.
Neil Coish
Senior Arboricultural Officer
Torbay Council
Development and Conservation Services
Roebuck House
Abbey Road
Torquay
Devon TQ2 5DP
Tel (01803) 207977 Fax (01803) 208858
Email: Neil.Coish@xxxxxxx.gov.uk
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-----Original Message-----
From: Julie Richardson [mailto:Julie.Richardson@xxxxx.gsi.gov.uk]
Sent: 04 January 2006 15:58
To: UK Tree Care
Subject: RE: Tree Work Applications free or not
On 04/01/06 Neil Coish said:
the Planning & Compulsory Purchase Act 2004 (section 53) gives the
LPA the power to charge (still not sure if this has come into force
yet?).<<<
Neil
Before you get too carried away, section 53 of the 2004 Act gives the
"appropriate authority" power - through regulations - to make provision
for the payment of a charge or fee to a local planning authority in
respect of the performance of any of their functions. The appropriate
authority for England is our very own First Secretary of State who has
made only one set of Regulations since these powers came into force in
August 2004. The link to the relevant SI is below but it does not cover
applications for tree works.
http://www.opsi.gov.uk/si/si2005/20050843.htm
So this is a long-winded way of saying that I don't think you have the
power to charge for this service. You may wish to seek your own legal
advice!
Julie
ODPM
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