UKTC Archive

Re: TPO application - validation period

Subject: Re: TPO application - validation period
From: Julian Morris
Date: Jun 04 2019 16:22:13
I'm puzzled. It's an application to the planning authority, under planning 
legislation, but I'm pretty sure it's not a 'planning application' in legal 
terms, rather it is an 'associated consent type', with its own prescribed 
rules for applications, determinations and appeals. The guidance Alistair has 
referred to and the Regulations (2012) pre-date the Development Management 
Procedure Regulations (2015) you mention. 

The Guidance contains 'must' and 'should' stipulations. The latter appear to 
tally up with legislational requirements, whereas the former seem 
aspirational. A Council should decide if an application is valid within 3 
days, but there is no stipulation or even stated aspiration that the 
applicant should be informed within any particular timescale. In other words 
an application may be deemd valid but the applicant is not told, or it is 
deemed invalid and the applicant is not told. It is only after 8 weeks and a 
day after the application is received that an appeal can be made against 
non-determination.  

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Tuesday, June 04, 2019 at 4:09 PM
From: "Liam McKarry" <Liam.McKarry@xxxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: TPO application - validation period

It’s a planning application so I’ve always assumed as per this link

https://www.planningportal.co.uk/info/200126/applications/58/the_decision-making_process/3

Cheers

Liam McKarry
Arboricultural Officer (Planning)
01206 XXXXXX

________________________________
From: uktc-request@xxxxxx.tree-care.info on behalf of Paul Smith 
<paul@xxxxxx.org.uk>
Sent: Tuesday, June 4, 2019 3:30 pm
To: UK Tree Care
Subject: FW: TPO application - validation period

Dear Learn'ED collective, I trust you are well.

Sorry to interrupt the current threads but I in receipt of an enquiry 
regarding "how long" a LPA has to validate a TPO application?

I've had a quick read of the planning portal but can see no information to 
help...so?

Thanks in anticipation,
Paul

Paul Smith
Technical Officer & Accreditation Schemes Manager (Contractors)
Arboricultural Association




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