The Blue Book, Page 60, Section 9.6, says that a CA Notice can be
withdrawn by the applicant but I would suggest that the LPA cannot turn
away a valid Notice if the applicant chooses not to.
-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 03 August 2009 14:33
To: UK Tree Care
Subject: RE: Conservation Area - Section 211 Notices [Scanned]
For what it's worth ...
The Blue Book tells us that the purpose of the notice is to give the LPA
and opportunity to consider whether they wish to make a TPO. In my view
if the LPA doesn't do so then it clearly makes a statement that is not
concerned over the impacts of the proposals and the LPA should not
concern itself with the trees any further. The notice was duly given and
cannot be withdrawn as such by the LPA unless the trees are protected.
Although not necessary to withdraw the notice and probably not
technically correct it does let consultee's, who weren't sent copies of
the TPO, know what is going on. I've just done this on a site ... after
TPO'ing the trees. 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. However, if the person writes in to say that they
are withdrawing the notice it could be argued that they have clearly
given notice that they will now not carry out any works, but I would not
want to challenge that legally, because section 211 of the legislation
is quite clear and simple.
Ron.
-----Original Message-----
From: Edmund Hopkins [mailto:Edmund.Hopkins@xxxxxxxxxxxxxxx.gov.uk]
Sent: 03 August 2009 13:28
To: UK Tree Care
Subject: RE: Conservation Area - Section 211 Notices [Scanned]
Edmund Hopkins
Tree Officer
Planning Services
Nottingham City Council
Bill A said
From the other side of the fence; why do you need to make an order if
the
211 is withdrawn? The trees still have the same protection and anyone
who's minded to ignore the CA regs would probably ignore the TPO as
well.
Change of ownership is a real threat, and if Andy has reason to think
someone might choose to be disingenuous he should take that into
account. You make the TPO that is a clear public statement and will be a
greater deterrent than simply reverting to the CA status quo. It would
also make it easier for the borough solicitors to take a correct view of
the public interest.
Edmund
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