UKTC Archive

RE: TPO apps and bat surveys

Subject: RE: TPO apps and bat surveys
From: Addison, Gilbert
Date: Jul 20 2009 12:41:19
Perhaps I was a little cryptic in my last post. The attached notes will
shed some light and leaves me unable to agree with Jim. This information
is fully derived from Dla Piper to whom all credit is due.


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: Jim Quaife [mailto:jq@xxxxxxxxxxxxxxxxx.co.uk] 
Sent: 20 July 2009 09:32
To: UK Tree Care
Subject: RE: TPO apps and bat surveys

The TPO application is made under the TCPA, which cannot impose
conditions or restrictions that are covered by other legislation.  TPO
works consent does not give any authority whatsoever over other law and
the consent holder remains obliged to obey other laws; in this case to
do with wildlife.
You cannot condition a consideration of bats but you may draw attention
to the legislation with an informative.
Jim


-----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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