UKTC Archive

RE: Conservation Area - Section 211 Notices [Scanned]

Subject: RE: Conservation Area - Section 211 Notices [Scanned]
From: Addison, Gilbert
Date: Aug 03 2009 13:50:56
I have asked people to formally withdraw S.211 notices in writing to
ease the burden on the department - making TPOs is resource costly and
211 withdrawal does not diminish the Conservation Area designation.


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: 03 August 2009 14:45
To: UK Tree Care
Subject: RE: Conservation Area - Section 211 Notices [Scanned]



From: Howe, Ron [Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 03 August 2009 14:33
To: UK Tree Care
Subject: RE: Conservation Area - Section 211 Notices [Scanned]


 The Blue Book clearly says that Section 211 affords the LPA three
options only ... give a decision raising no objections, let the notice
expire and do nothing, or protect the trees. If you don't protect then
the LPA simply cannot prevent the proposals under any circumstances.
TO's occasionally accepted that a person giving a notice may withdraw
it, but the LPA should be mindful that the notice was duly given and can
only take the word of the person who wishes to withdraw the notice on
faith as a gentlemen's agreement, that they won't then carry out the
works ... because they probably can ... otherwise the LPA should TPO the
trees. 

...but Ron, the previous paragraph in the blue book tells us that" any
clarification of the proposal should be confirmed in writing, either by
modifying the original section 211 notice or withdrawing it and
submitting a new one." (9.6). Doesn't sound to me that we are depending
on a "gentlemen's agreement" when we negotiate written changes.
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