Perhaps you're right Chris. To be honest I'm not sure and I wouldn't like to
second guess Government's intentions! Maybe things will become a bit clearer
when we trace back the original provision that disconnected TPO applications
from Section 54A
Glyn
Sent using BlackBerry® from Orange
-----Original Message-----
From: Chris Hastie <Chris.Hastie@xxxxxxxxxx.gov.uk>
Date: Mon, 6 Jul 2009 17:49:47
To: UK Tree Care<uktc@xxxxxx.tree-care.info>
Subject: RE: TPOs and Planning Committees
Top of my head, and having not read most of the thread, could it be because
pruning trees does not constitute 'development' as defined by s55. A TPO
application is thus not an application for 'planning permission' (s57(1)
refers to planning permission being needed to carry out development) and not
then bound to be determined in accordance with the development plan by
provisions in s70.
--
Chris Hastie
Green Infrastructure Manager
Warwick District Council
Looking for a tree surgeon? Visit
http://www.warwickdc.gov.uk/cya
-----Original Message-----
From: Glyn Thomas [mailto:glyn.thomas@xxxxxxxxxxxxxxxxxxx.co.uk]
Sent: 06 July 2009 15:36
To: UK Tree Care
Subject: RE: TPOs and Planning Committees
Mark et al,
I am advised by a reliable source that my earlier statement 'As far as
I'm aware it's not based on any statutory provision' is incorrect.
Apparently, somewhere in the various acts and regulations, there is a
provision that effectively disconnects TPO application procedures from
the old section 54A requirement (now section 38(6) of the Planning and
Compulsory Purchase Act as pointed out by John) and so forms the basis
for the blue book advice at para. 6.46.
My source also suggested that if he finds time, he might be minded to
follow the various amendments, revocations and savings to try and trace
the original provision. If he does, I'll post the details. If he
doesn't, I'm sure not going to try.
I'm just waiting for Jim to come back to me on his posting of 2nd July.
Regards
Glyn
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Greetings Forum. We are running a THREATS training day 19th August for two
local authorities & have spare capacity. The day will consist of training
in the use of THREATS, including advanced tree defect assessment,
comprising a mix of class & field work. Probable venue St Albans. Cost
dependant on numbers, but no more than £180 (exc VAT). Contact JFL or
Sally on 01767 641648 or email jfl@xxxxx.uk.com or baldwin@xxxxx.uk.com.
Booking will close 15th July @ 1200
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______________________________________________________________________
Greetings Forum. We are running a THREATS training day 19th August for two
local authorities & have spare capacity. The day will consist of training
in the use of THREATS, including advanced tree defect assessment,
comprising a mix of class & field work. Probable venue St Albans. Cost
dependant on numbers, but no more than £180 (exc VAT). Contact JFL or
Sally on 01767 641648 or email jfl@xxxxx.uk.com or baldwin@xxxxx.uk.com.
Booking will close 15th July @ 1200
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