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A 10% increase in urban tree cover could neutralise rising city
temperatures, but large trees with irreplaceable climate-control benefits
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Andy,
A s.211 is a Notice - not an application. An LPA cannot give consent or
apply conditions, and the only way it can resist is to make a TPO.
If the submitter of a s.211 notice wishes to object to the TPO, or wishes to
appeal against a refusal of consent to an application under the TPO, then
the TPO regs apply.
Jim
-----Original Message-----
From: ANDY WHALLEY [mailto:smith_whalley@xxxxxxxxxxx.com]
Sent: 02 July 2008 16:16
To: UK Tree Care
Subject: Validation of a section 211
______________________________________________________________________
TREES: THE KEY TO CLIMATE PROOFING OUR CITIES- London, 10th July 2008.
A 10% increase in urban tree cover could neutralise rising city
temperatures, but large trees with irreplaceable climate-control benefits
are being lost at an alarming rate. This pioneering conference explores
practical possibilities to reverse tree loss within current planning
framework. It can be done: our objective is to define how to do it. FINAL
BOOKINGS NOW AT WWW.TREEWORKS.CO.UK/SEMINARS
______________________________________________________________________
Afternoon wise ones,
The importance to supply precise and detailed information within a section
211 is widely documented within the DETR guide, the law of Forests and
Hedgerows (C. Mynors, 2002) and The Validation of Planning Applications 2007
and so on. That said, I can't seem to find any more information on
validation of section 211's further than; 'For works to trees in
conservation areas, it is important to supply precise and detailed
information on your proposal. You may, therefore, wish to provide the
following:...' compared to 'you MUST provide the following' for TPO
applications;....' The principal auxiliary verb, 'wish', is my concern
here.
The question is therefore; can a LPA consider a section 211 notification
invalid as it could with a planning application?
If this is the case, what's the system for appeal? I can see the applicant
has the right of appeal for non-validation under section 78 of the Act. But
I have difficulty accepting this as I assume the relevant grounds for such
an appeal would be non-determination within the determination period.
My only logical thoughts for appeal would be the right for the applicant
to complain to the Local Government Ombudsman on the grounds of
maladministration.
Can anyone please point me in the right direction.
Kind regards
Andy
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