UKTC Archive

RE: TPO apps and bat surveys

Subject: RE: TPO apps and bat surveys
From: Addison, Gilbert
Date: Jul 20 2009 11:07:49
Alan - I think this recent judgement is quite significant and I would
support the view of your ecologist albeit filtered through the sieve of
proportionality. The judgement was quite clear that the LPA cannot
demure on matters of EPS in the same way that LPAs are the 'competent
authority' responsible for HRA where SPAs are involved.


Gilbert Addison
Tree & Countryside Officer

Breckland Council 
working in partnership with
CAPITA SYMONDS 

Tel:  01362 XXXXXX
DDI: 01362 XXXXXX
Fax: 01362 XXXXXX
Email: gilbert.addison@xxxxxxxxxx.gov.uk
Elizabeth House, Walpole Loke, Dereham, Norfolk, NR19 1EE
.


-----Original Message-----
From: Chris Hastie [mailto:Chris.Hastie@xxxxxxxxxx.gov.uk] 
Sent: 20 July 2009 11:07
To: UK Tree Care
Subject: RE: TPO apps and bat surveys

There is a certain amount of latitude for LPAs to set their own
validation rules for planning apps, and some fairly definitive guidance
on considering nature conservation issues. PPS9 contains much, and
paragraph 99 of 06/2005, the companion to PPS9, indicates that it
surveys should be obtained upfront, not left to conditions.

With TPOs we don't have such guidance, nor do we have the same latitude
to set validation rules. What must accompany a TPO application is pretty
much defined by the 2008 regulations and edicts from the SoS. So I would
suggest that no, we should not be requiring bat surveys. Indeed, I
suggest that we cannot do so.

It would be prudent, however, to include an informative pointing out
that just because you have permission under the TPO doesn't mean you can
go disturbing bat roosts.

--

Chris Hastie
Green Infrastructure Manager
Warwick District Council

Looking for a tree surgeon? Visit
http://www.warwickdc.gov.uk/cya

-----Original Message-----
From: Alan Wallbank [mailto:AlanWallbank@xxxxxxxxxxxxxxx.gov.uk]
Sent: 20 July 2009 09:14
To: UK Tree Care
Subject: TPO apps and bat surveys



Good morning arb industry!

Can I tap into the collective brain please?

Where do other LPAs stand on the issue of requiring an applicant to 
submit a bat survey alongside a TPO application in cases where the 
tree officer suspects the tree has bat habitat potential?

Is it our responsibility, or right, to ask for this to validate an 
application or is it sufficient to merely ask the applicant to have a 
survey done or to point out their responsibility in light of the 
Habitats Directive?

This comes in the wake of a judicial review of a planning case in 
Cheshire where it was found that the LPA had not followed procedures 
in regard of the HD properly by permitting the demolition of a 
building for re-development. Our ecologist is advising that we should 
now take this onboard with TPO apps for work to mature trees.

What think?



Alan Wallbank

Urban Forestry Officer

Cannock Chase District Council

Civic Centre

Beecroft Road

Cannock

Staffordshire

WS11 1BG






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Latest news - www.warwickdc.gov.uk/news
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