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Re: Validation of a section 211

Subject: Re: Validation of a section 211
From: Jerry Ross
Date: Jul 02 2008 16:16:46 
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ANDY WHALLEY wrote:
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 
As usual, it all depends on how important the tree is.
Is it worth TPOing? Because in the end that's the only way you can
control what's done to it.
I'd have thought that a word with the applicant is what's needed, to
explain your difficultly and the need for further details, coupled with
a strong hint slipped in to the effect that if you DON'T get the
details, you may be forced to TPO, irrespective of whether what they're
proposing turns out to be proportionate. 


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