UKTC Archive

RE: TPO apps and bat surveys [Scanned]

Subject: RE: TPO apps and bat surveys [Scanned]
From: Addison, Gilbert
Date: Jul 21 2009 13:55:47
Same with a planning application, an LDF, a LAAP or any other licensing
activity Ron. The Habitat Regs give the LA the authority to ask for any
information they could reasonably require to carry out an HRA. And the
precautionary principle is integral to the Habitat Regs so no info means
inability to show that the application is unlikely to have a significant
adverse effect and hence no approval.


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: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk] 
Sent: 21 July 2009 13:12
To: UK Tree Care
Subject: RE: TPO apps and bat surveys [Scanned]

Alan said ... Is it legal to insist on the applicant obtaining a licence
as part of the application?

Please remember, that the Council gives consent in 'principle' only ...
It does not instruct the works or even know if they will be carried out.
The LPA cannot enforce or condition the applicant to carry out
unnecessarily costly works ... In fact the LPA cannot insist that the
works are carried out by a specialist as the applicant may carry out the
operations themselves at lower cost. There is case law in relation to
unreasonable conditions that led to unnecessary additional cost for an
owner applicant and the LPA lost. We can only advise that the applicant
seeks the appropriate guidance.

Ron.


-----Original Message-----
From: Alan Wallbank [mailto:AlanWallbank@xxxxxxxxxxxxxxx.gov.uk]
Sent: 21 July 2009 09:52
To: UK Tree Care
Subject: RE: TPO apps and bat surveys [Scanned]

The Habitats Regs require the LPA as the competent authority giving
authorisation to a plan or project to first carry out an appropriate
assessment<

Gilbert - is a TPO app a plan or project? It isn't development, an din
general most of our consents are based on safety issues so there an
exemption under the Article 16 on public health or public interest,
which leaves us with telling the tree owner to get NE involved for
licensed derogation. 

-----Original Message-----
From: Addison, Gilbert [mailto:Gilbert.Addison@xxxxxxxxxx.gov.uk]
Sent: 21 July 2009 09:18
To: UK Tree Care
Subject: RE: TPO apps and bat surveys [Scanned]

Yet again this is an issue of proportionality. If ground level
examination of a tree strongly suggests the presence of a significant
bat roost ie oil staining or WHY, then works to that tree have a strong
likelihood of having a significant adverse effect on that
sub-population. The Habitats Regs require the LPA as the competent
authority giving authorisation to a plan or project to first carry out
an appropriate assessment (HRA). The LPA may ask for any information
they deem relevant from the applicant. If the HRA concludes likelihood
of a significant adverse effect the applicant should obtain a NE license
as part of their application under the TPO. This judgement says that the
LPA is lacking if it fails to follow these steps. 
Don't know the Habitats Regs - they are our best conservation tool and
the only thing that will put some ginger into NE.


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: Edmund Hopkins [mailto:Edmund.Hopkins@xxxxxxxxxxxxxxx.gov.uk]
Sent: 20 July 2009 11:14
To: UK Tree Care
Subject: RE: TPO apps and bat surveys [Scanned]

Interesting!

So many trees have bat roost potential, not just the obvious ones.You
cannot survey a tree with the same certainty that you can a roof space.

Validation checks for TPO apps differ from those for planning apps. 

We currently wouldn't, but I don't feel categoric about it.

Edmund

Edmund Hopkins
Tree Officer
Planning Services
Nottingham City Council
________________________________________
From: Alan Wallbank [AlanWallbank@xxxxxxxxxxxxxxx.gov.uk]


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?
Let us help entertain the kids this summer!  There are lots of FREE and
great value fun activities for children, young people and families
during the school holidays. For details visit
www.nottinghamcity.gov.uk/summeractivities or call 0800 XXX XXXX.

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