UKTC Archive

RE: TPO decision notices

Subject: RE: TPO decision notices
From: Charles Bennett
Date: Apr 05 2012 14:26:52
The old Regs will be revoked. The new Regs apply. So I think that it's two 
years to do it, no condition needed.


Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle   CA3 8QG
Direct Dial: (01228) 817535   
Email:  charlesb@xxxxxxxxx.gov.uk


-----Original Message-----
From: Chris Hastie [mailto:Chris.Hastie@xxxxxxxxxx.gov.uk] 
Sent: 05 April 2012 13:19
To: UK Tree Care
Subject: TPO decision notices

Has anybody come to a view on the following:

Up to now, there is no default time limit on a TPO decision notice. We have 
routinely conditioned two years.

From tomorrow, there is a default of two years.

What about an application received before 6 April, but decided after 6 April. 
Would such a decision come under the new regs and be subject to a two year 
default or not?

As I read the regs, and just to make transitional admin all the more 
complicated, the new regs would not apply in this case. This is because 
regulation 17 begins

17.-(1) Where an application is made to the authority for consent under an 
order in accordance
with regulation 16 the authority may...

An application received prior to 6 April is not made in under regulation 16, 
but regulation 9A of the 1999 regs. On the hand, since the two are very 
nearly identical, could such an application be considered to be *in 
accordance* with, even if not made under?

--
Chris Hastie



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