UKTC Archive

Tree works apps consents and appeals

Subject: Tree works apps consents and appeals
From: "HUDSON, Chris"
Date: Jul 22 2019 13:01:38

The Grounds for Appeal are given in the Planning Inspectorate Guide for 
Appellants which states an Appeal against a Council's decision may be made 
against the following :-

* the council's refusal of consent;
* any condition attached to the council's consent;
* the council's refusal/failure to notify the applicant of their decision 
within 8 weeks from the date they received the application, (in these 
circumstances the application is deemed to have been refused).
* The council's failure to agree a matter that required their agreement under 
the terms of a condition of consent

In your example any appeal would be against the refusal element  (the 20% 

What I understand you are saying is that you which to appeal against the 
lesser element (the approved element) as presumably you consider this to be 

In essence you can't appeal against a consent (unless it relates to an 
attached condition) however in my experience should you appeal against the 
refusal element of the decision, the Inspector will also consider the 
approved element in his/her Appeal Decision.

The decision the Inspector has to make is whether the proposed work to the 
tree would have an adverse impact on the amenity of the area and whether the 
reasons submitted in support of the application justify the work submitted. 
The latter consideration you need to look at carefully as if the reasons 
submitted are somewhat vague then the LA may be vindicated in their decision

I have had a number of Appeals similar to this and I believe the Inspector 
would in all likelihood  be required to consider the merits (or otherwise) of 
the two options in any event.

Chris Hudson
Principal Forestry and Arboricultural Officer
Environmental Planning
Development Management
Cheshire East Council

Tel (01625) XXXXXX


Confidentiality: This email and its contents and any attachments are intended 
only for the above named. As the email may contain confidential or legally 
privileged information, if you are not the above named person or responsible 
for delivery to the above named, or suspect that you are not an intended 
recipient please delete or destroy the email and any attachments immediately.

Security and Viruses: This note confirms that this email message has been 
swept for the presence of computer viruses. We cannot accept any 
responsibility for any damage or loss caused by software viruses.

Monitoring: The Council undertakes monitoring of both incoming and outgoing 
emails. You should therefore be aware that if you send an email to a person 
within the Council it may be subject to any monitoring deemed necessary by 
the organisation from time to time. The views of the author may not 
necessarily reflect those of the Council.

Access as a public body: The Council may be required to disclose this email 
(or any response to it) under the Freedom of Information Act, 2000, unless 
the information in it is covered by one of the exemptions in the Act.

Legal documents: The Council does not accept service of legal documents by 

To find out how we use your information see our privacy notice.

The UK Tree Care mailing list
To unsubscribe send

The UKTC is supported by Bosky Trees arboricultural consultancy

PNG image

PNG image