UKTC Archive

RE: Consultation on a new Planning Code for Wales: comprehensive, but simpler(!?!)

Subject: RE: Consultation on a new Planning Code for Wales: comprehensive, but simpler(!?!)
From: Alastair Durkin
Date: Dec 28 2017 13:34:02
Hi Bill

I'd not spotted that because I was only in the summary. 

15.47(4) - I think it’s a good idea in theory, but I'll give you an example 
where it is reasonable for an area order to be confirmed (pretty much the 
only time we do). That is when we have made an area TPO in order to protect 
the trees without drawing attention to ourselves wandering around with a 
clipboard (due to potential for clear felling prior to service if spotted), 
and subsequent to making the order we are refused permission to enter the 
land to survey the trees. Yes I realise we have rights of entry under 
s214B(1)(a), but generally it's not worth the hassle or proportionate to get 
the police involved if the owner is forceful in their refusal. In these 
limited circumstances it is useful to be able to confirm an area order. 

15.47(5) - That would be expensive, or result in lots of unprotected trees, 
if they are talking about all historical area orders.


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Bill Anderson
Sent: 28 December 2017 12:28
To: UK Tree Care
Subject: Re: Consultation on a new Planning Code for Wales: comprehensive, 
but simpler(!?!)

Hi Alastair. What do you think of the idea at 15.47 (4) which appears to 
suggest that Area Orders have to be properly specified upon confirmation or 
they lapse? And that old Area ones should lapse after 5 years? Should keep 
you TOs busy..... And what would that do to the "Interim Preservation Order" 
from 1943 that is supposedly still in force on one of my jobs?

For that matter where do they get the idea that Felling Licences, 
conservation areas and TPOs "avoid overlapping control?" It seems to me that 
the authors aren't entirely familiar with what goes on in the real world... 
(Is Wales the real world?)

I've only scanned it and my comments on Welsh matters are of dubious merit 
anyway, but it seems they're not changing much...

Bill.

On 28 December 2017 at 10:59, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

Well this is very interesting (for sad people like me), thanks 
Bettina. I assume this is what Charles Mynors has been working on lately?

From the consultation paper summary for our little bit on trees -

15.5 (AD) Remove the nuisance exemption? That sounds reasonable. Make 
an application and prove your case. If the Council doesn't allow the 
tree to be removed when the evidence is proven then they are liable 
for compensation as is already the case presumably.

15.6 (AD) Undertake works to a sapling without consent provided it is 
below a certain size - ok, so what about the systematic depletion of a 
protected woodland by the removal of saplings? I can see a problem 
with this one - the devil will be in the detail.

15.7 (AD) At least this will force tardy LPAs to respond to simple 
requests regarding trees within a reasonable timescale.

15.9 (AD) Can we have this in England too please!!!

15.10 (AD) I like both of these recommendations. Simplifies the 
process and allows the validity/availability of the order to be 
questioned outside the High Court (in certain circumstances).

15.11 (AD) I like these ideas too. Makes things easier for all concerned.


Stephanie, in the unlikely event that you are reading this thread 
between Christmas and New Year, do you have any views on these proposals?

Cheers

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:uktc-request@lists.
tree-care.info] On Behalf Of Bettina Broadway-Mann
Sent: 22 December 2017 10:20
To: UK Tree Care
Subject: Consultation on a new Planning Code for Wales: comprehensive, 
but
simpler(!?!)

Morning,
for something to read after that massive Christmas dinner, you might 
find the link below interesting (or not) -

https://www.lawcom.gov.uk/project/planning-law-in-wales/

Have a great festive time everyone,

all the best
Bettina



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/


Please don't print this e-mail unless you really need to. Save paper.

Visit http://www.tandridge.gov.uk for information about services, 
online forms, payments and much more.

________________________________
IMPORTANT: The contents of this email and any attachments are 
confidential. They are intended for the named recipient(s) only. If 
you have received this email in error, please inform the sender 
immediately and do not disclose the contents to anyone or make copies 
thereof.

This message has been scanned for viruses.



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/



-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/