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% 
reduction).

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 
ineffective.

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
Email :c.hudson@xxxxxxxxxxxxx.gov.uk
www.cheshireeast.gov.uk<http://www.cheshireeast.gov.uk>

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