UKTC Archive

Re: Felling licence

Subject: Re: Felling licence
From: Andersonarb
Date: Dec 28 2007 09:09:45
 
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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