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: Bill Anderson
Date: Dec 28 2017 15:59:44
As I've probably said before, it seems perfectly reasonable to me to serve
an Area Order in an emergency; the answer to the objection being "we'll
refine the Order when you've finished building." But so many LPAs serve
Area Orders and then forget about them, with the result that we've got old
Area Orders that are just completely unrelated to the situation the trees
now find themselves in. If the LPA upon receipt of an application were to
follow the guidance to make a decisions then this would be fine, but
they've not got a TO so they don't. And quite honestly the direction PINS
have taken means that you're not likely to get a very sensible decision at
appeal.

I further note that the proposed revisions don't seem to include anything
that might enable a tree owner to demand that the LPA properly follow
Government guidance, with the rather one-sided result that the LPA can
ignore the TPO system without anybody getting fined. Meanwhile Joe and
Joanna ignore the guidance and end up paying a fairly massive fine. I'd
like to see some system whereby the only way to get a TPO overturned isn't
via the High Court..... As things stand the dice are heavily weighted in
favour of Local Authorities, which would be fine if anybody could prove
that TPOs actually lead to improved tree cover and tree management, but
that's not my experience at all.

The situation you describe is not one with which I'm familiar, in such a
case it may be reasonable but that sort of thing doesn't seem to happen
much round my neck of the woods. (I suspect South Yorkshire is quite
different to Surrey, not to mention the people who inhabit the boroughs.)

Bill.

On 28 December 2017 at 13:33, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

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@lists.
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



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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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