Dear All
I've now located the Judicial Review decision.
Wilkinson Properties v Kensington and Chelsea RLBC.
(Queen's Bench Division, Administrative Court, Vincent Fraser Q.C. January
13, 2011)
It was reported in The Journal of Planning & Environmental Law, Issue 8,
pp.1083 - 1114
Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle CA3 8QG
Direct Dial: (01228) XXXXXX
Email: charlesb@xxxxxxxxx.gov.uk
Hi Bill
The independent impartial hearing is the whole process starting with
discussions following the making of the Order, then the Committee where you
get the opportunity to put your case in person, followed by the option for
Judicial Review, and your application to fell the tree(s), and subsequent
appeal to PINs if refused, and again the option to challenge their decision
at Judicial Review. Then of course there's the Councils complaints procedure
and the Ombudsman, who has exercised their powers in TPO related matters on
more than one occasion. Surely that's enough checks and balances on an
overzealous TO or Committee.
In considering the procedure for making and confirming TPO's Mynor's does say
" However sensible as such procedures may be to reduce any appearance of bias
there is ultimately no way round this problem"
Committee site visits are for the Committee Members to see the site, not
discuss the merits of a particular issue with the parties. This is for the
meeting. I'm aware of a recent Judicial Review, which I alluded to earlier
but just can't find a reference for it, where this was part of the case. The
Council lost because it hadn't been seen to be fair and even handed. The
reason being the TO spoke to the Chair and there was no objector to put their
case. I'll see if I can track it down.
Your next mission, should you wish to accept it. Create a BB compliant
assessment method that we can all adopt, and then we'll all be singing from
the same hymn sheet. To start the ball rolling here's my first attempt at a
new TPO BB compliant assessment method for adoption by every LA :-)
Is it expedient yes/no* (*Delete as appropriate)
Is the tree an amenity yes/no* (*Delete as appropriate)
If yes to both TPO
Anyone can join in if they want.
Good luck
Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle CA3 8QG
Direct Dial: (01228) XXXXXX
Email: charlesb@xxxxxxxxx.gov.uk
-----Original Message-----
From: andersonarb@xxxx.com [mailto:andersonarb@xxxx.com]
Sent: 23 December 2011 10:33
To: UK Tree Care
Subject: Re: Basis for TPO's
Hi Charles,
It's nothing to do with a fair trial but an "independent and impartial
hearing," which if the same Officer serves it and then considers objections
cannot be said to be any such thing. And as I say a bunch of smug Elected
Members not allowing any sort of discussion, and with a mindset along the
lines of "trees must need protection" (four legs good?) just exacerbates the
situation.
IME there frequently isn't a site visit and on the most recent one I attended
(I'm usually not informed about site visits) I was expressly forbidden from
saying anything, which again is no sort of hearing or even discussion.
I'm fairly sure that some of the local TOs don't like the situation/system
but they're so low in the pecking order that the Head of Planning isn't going
to allow them to set up a BB-compliant, system unless something drastic
happens.
I'm not familiar with the case you mention, but it doesn't sound as though
the case was made about the proper following of guidance. Mynors' 1st ed has
quite a chunk about this matter. (16.6.6)
FWIW, I don't see any reason why you shouldn't claim for your book expenses
against tax, our accountant regards it as a legitimate expense. Mind you I
don't see why your employers shouldn't pay for such stuff either, it's just
as essential as your PPE and when you see some of the cr@p our LAs spend
money on!
Bill.
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