UKTC Archive

RE: Consultation on Revised Circular on Costs Awards in Appeals and other Pla...

Subject: RE: Consultation on Revised Circular on Costs Awards in Appeals and other Pla...
From: Howe, Ron
Date: Dec 15 2008 10:43:33
Err ... no I think it's simple Bill. If a replacement tree is required
in an area it should be pre-agreed where it will go or conditioned such
that the owner should inform the LPA where the tree was to be planted
... It's exact location and species etc. (or a choice from a list). The
felling consent should have included an approved plan, of the tree to be
felled, that was accurate and, the replacement condition should be clear
what is required. Even if the planting condition says 'within the
curtilage of the property', the replacement tree is either in or not. 

Of course, if the condition is completely ambiguous then the LPA might
look silly to pursue with a TRN. The TRN has to be very specific about
the nature of the failure to replace with reference to the plan and the
details of the condition ... But, it gives options and doesn't
necessarily mean that it would be pursued. The best option is for the
LPA to plant the tree, recharge and put a charge upon the property. We
have mostly used TRNs in relation to development and usually under
pressure from residents.

Ron Howe
Planning Tree Officer
Mole Valley District Council
Pippbrook
Dorking
RH4 1SJ
Direct Tel. 01306 XXX XXX


-----Original Message-----
From: Andersonarb@xxxx.com [mailto:Andersonarb@xxxx.com] 
Sent: Fri, 12 December 2008 18:33
To: UK Tree Care
Subject: Re: Consultation on Revised Circular on Costs Awards in Appeals
and other Pla...

 
In a message dated 12/12/2008 10:53:57 GMT Standard Time,
Ron.Howe@xxxxxxxxxxx.gov.uk writes:

So, I  suggest TRNs are easy to defend
from that stand  point.



I've never even seen one Ron, hence my curiosity. Then again we don't
see that many appeals of any sort. R Nicholson suggested that my local
LA were too soft with me but I think it's because I give good, well
pragmatic anyway, advice  and don't push clients into confrontational
situations. Oh and I don't mind  telling potential clients that they've
got no chance of getting permission and  to save their money.
 
However I am curious as to how an appeal might go if, for example
felling had been granted under an Area order with a condition to
replant; it seems a bit  foggier than replace T1 wouldn't'cha say?
 
Bill.



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre http://www.arborcentre.co.uk/

______________________________________________________________________

Please don't print this e-mail unless you really need to. Save paper.

Visit http://www.molevalley.gov.uk for information about Council services, 
online payments and planning information.

This email and any files transmitted with it are intended solely for the use 
of the individual or entity to which they are addressed. If you are not the 
intended recipient, the E-mail and any files have been transmitted to you in 
error and any copying, distribution or other use of the information contained 
in them is strictly prohibited.

The Council computer systems may be monitored and communications carried on 
them recorded, to secure the effective operation of the system and for other 
lawful purposes.




-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/