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The question is about validation and I think has been answered by several of
us, but both Jerry, and earlier, Jim, state the plain legislative fact that
only
a TPO can control the work. There is a little bit more to it though, and
that is the tree officer can talk to the notifier and through reasoned
discussion negotiate an outcome that delivers the requisite benefit to both
the customer and the LPA, without the imposition of a TPO.
I'm sure there is some little sentence in the Blue Book supports this, or
maybe it was a DCLG contribution to a previous and related thread, but
in any case it is consistent with what I regard as good customer care and I
will carry on doing it. After all, if you have negotiated and agreed
something that is consistent with good arboricultural management then it
does not seem to be expedient to then impose, sorry slap on, a TPO.
How then, to deal with this administratively? I get a written withdrawal of
the initial section 211 and the simultaneous notification of the negotiated
schedule, all on a signed pro forma which I have provided. I am advised
this is robust and certainly it works well in practice. If the signed pro
forma does not come back to me inside the six week period and the tree
merits it, I will serve the order.
Of course, this process functions even better if one is not working against
a ticking clock, which is why I do as much "pre app" as I possibly can and
make particular efforts to reach the people living in the conservation
areas, so there is common knowledge that they can get me in, and at
relatively short notice.
If the gulf between us is too great to bridge then the notifier will go
ahead in full knowledge of what may then follow, i.e TPO, objection,
confirmation or not, application, etc etc and that will more likely take
place in the absence of rancour.
Quoting Jerry Ross
<trees@xxxxxxxxxx.co.uk>:
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.
Book now for Splendour, Nottingham's new music festival at Wollaton Park July
19-20 featuring Kate Nash, Paolo Nutini, The Charlatans and more - see
http://www.nottinghamcity.gov.uk/splendour for details
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