In a message dated 27/12/2007 22:36:30 GMT Standard Time,
alison.parish1@xxxxxxxxx.com writes:
Where does our Client go from here? Any advice appreciated.
Probably nowhere Alsion; it's really annoying isn't it? I bet you sat there
with a bunch of councillors who wouldn't know a Beech from a Hornbeam and
they
get the right to judge you....
You can go to the High Court, it'll take years and ££££ and they'll only
look at whether or not the Council followed procedure properly, they won't
ask
if the trees genuinely deserve protection. If the Council have been really
cavalier and not even bothered getting an Arb to appraise the trees you might
have a slim chance, but it seems to me that even if they've defied all Blue
Book
advice then there's still not much chance of a Judge over-ruling them. If
you can show that the TPO was served to thwart a Planning 'Appy then you
probably stand a better chance but it had better be
blindingly-obviously-true
before you make that argument.
If the 'Woodland' is not genuinely 'woodland' but a 'group of trees' then
you might have an argument but if it's clearly SNAW or PAWS then you've
probably
got no chance.
You can put in an 'appy to fell the lot and then appeal the refusal but
you'd have more chance if the work was reasonable and not just spiteful. If
you're going to appeal then I'd go for an informal hearing rather than
written
representations. Statistically the results are better from appealing this
way,
or so I understand. I believe OCA and MT don't do written reps any more cos
they're dissatisfied with the results and that certainly reflects my
experience
of the last coupla years.
I've interrogated a few DCLoG inspectors about what they're actually asked
to do with respect to appeal inspections and overall their instructions seem
unclear, to me at least. Going on my recent results they all seem to err on
the
side of caution and chuck out the appeals. Obviously I say this at risk of
offending some UKTC contributors (and lurkers) who are DCLoG Inspectors but
there's obviously something niggling at the appeals process, hence it's being
put in the hands of the Planning Inspectorate from April (I think?).
If I sound like an avid dendro-phobe, then I'm not but I am of the opinion
that TPOs are abused and misused which ultimately discourages people from
growing trees, I'm coming round to John F's idea that all trees should be
protected, but for that being a disincentive to growing trees as well?
Bill.
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