UKTC Archive

RE: The Town and Country Planning (Tree Preservation)(England) Regulations 2012 Section 5 (3)

Subject: RE: The Town and Country Planning (Tree Preservation)(England) Regulations 2012 Section 5 (3)
From: Alastair Durkin
Date: Sep 04 2017 08:50:19
"Saying all applications are on the internet without allowing a search by TPO 
number doesn't really comply........and the register should contain the 
decision in relation to each application"

I don't agree I'm afraid Jon. The TPO is a charge on the land. Provided you 
can search applications on all properties affected by the TPO and easily pick 
out TPO applications, perhaps with a TPO prefix or suffix to the application 
number, then I don't see why that isn't an effective register. Although 
heaven knows why anybody would want to anyway. The problem of course is that 
neither the Regs or the PPG prescribes the form the register should take, so 
we could argue about it all day until its dealt with explicitly in the higher 
courts. As I mentioned in the post linked by Gary, a High Court Judge seemed 
in passing to think our system was an effective register, but that wasn't the 
main issue at hand, so it's not referred to in the judgement.

Cheers

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jon
Sent: 31 August 2017 19:29
To: UK Tree Care
Subject: The Town and Country Planning (Tree Preservation)(England) 
Regulations 2012 Section 5 (3)

If you are going to stick your oar in I suggest you quote Regulation 12 too 
.....which is far more onerous and I know of no authority that could claim to 
be living up to the expectations of Regulation 12.
1) 12(a) requires the register to have "details of every application under an 
order".......what "details" it does not say but I would have thought the 
application form at least. Thus I should be able to look at the register and 
see every application (since the TPO was served). Saying all applications are 
on the internet without allowing a search by TPO number doesn't really 
comply........and the register should contain the decision in relation to 
each application. Saying all applications since 2006 are on line is also not 
compliant for older TPOs.2) 12(b) requires a "statement" of every 
appeal...........in the register.3) details of any conditions.......
This is surely a matter for a judicial review. The "register" required is 
more than just the TPO file (if one still exists). It is more than just an 
internet search of all planning applications (or tree work applications if 
they are separate on line). The register has to be available FOR EACH TPO.
Regulation 12 however doesn't state where the inspection has to be made but 
surely it implies that all members of the public need to be served (even the 
internet illiterate) so a hard copy option is needed too.
Jon




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