UKTC Archive

RE: TPO apps and bat surveys [Scanned]

Subject: RE: TPO apps and bat surveys [Scanned]
From: Addison, Gilbert
Date: Jul 21 2009 14:33:36
Chris - The Conservation (Natural Habitats) Regulations 1994
(No.2716)Section 3(4)"..........every competent authority in the
exercise of any of their functions, shall have regard to the
requirements of the Habitats Directive so far as they may be affected by
the exercise of those functions" with further reference to PPS9 Circular
06/05 para 116 and the Habitats Regs Section 48(2). To be honest I'm not
quite sure of the precise details by which regulations for the
protection of a European Site (which is cited for EPS) are extended to
EPS outside a European site but clearly the court in the reported
instance was confident. But even within 3(4)the competent authority
(giving consent under TPO)would need sufficent information to apply the
three tests of derogation.

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: 21 July 2009 13:45
To: UK Tree Care
Subject: RE: TPO apps and bat surveys [Scanned]

From: Addison, Gilbert [mailto:Gilbert.Addison@xxxxxxxxxx.gov.uk]
Sent: 21 July 2009 09:18

The LPA may ask for any information
they deem relevant from the applicant.

Gilbert

Can you point my to the legislation giving them this power, with respect
to TPO applications, not development applications?

Chris


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