UKTC Archive

Re: Tree works apps consents and appeals

Subject: Re: Tree works apps consents and appeals
From: Julian Morris
Date: Jul 24 2019 17:48:29
I think your chief planner is partly right. Councils can consent unilaterally 
(with no application) or in response to an application. The law is clear. An 
appeal is only possible in response to a refused or conditioned application. 
You cannot lawfully appeal against a unilateral consent. It 's not a matter 
of whether this is fair or logical, it's what the law says (2012 Reg 19(1)(a) 
and (b). Conversely Reg 13 seems to allow for written consent without 
application.

There doesn't seem to be any unfairness, though. Someone having the full 
works applied for refused should appeal against that refusal, and can 
meantime take the consented lesser works as a freebie that demonstrates that 
the Council is not opposed in principle to works, only to the extent. As 
such, it's a good deal fairer than a straight refusal. And if the applicant 
disagrees with the consent to the lesser works, well that's a logical 
nonsense. If they disagree to conditions that go with the lesser consent, let 
them then apply for the lesser works without the conditions, get a refusal 
and appeal that (i.e purely agaisnt the conditions, not the extent).

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


Sent: Wednesday, July 24, 2019 at 6:21 PM
From: ""nick harrison" (nick_viejo@xxxxxx.co.uk)" 
<uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Tree works apps consents and appeals

 Sorry for the delay in replying... been a busy week! 
I'm a tree officer myself and have asked this question due to some recent 
changes at my LA. The head planner has instructed me to only issue split 
decisions when, for example, an applicant proposes to fell tree A and prune 
tree B and I wish to approve the work for tree B but not tree A. My 
previous experience at other LA's has been to use split decisions for that 
type of scenario but also for lesser works as in my example in the OP. The 
chief planner has countered this by saying it is not a fair process to do 
this as the applicant is unable to appeal  this type of approval. 
My logic knew this to be wrong but wanted to check with fellow arb people 
out there to be sure I wasn't missing something so thank you for the 
helpful comments although I suspect it will fall on deaf ears in the 
planner's office
    On Monday, 22 July 2019, 14:01:43 BST, HUDSON, Chris 
<uktc@xxxxxx.tree-care.info> wrote:  
 
 
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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[cid:image002.png@01D54092.67C1E1A0]


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The UKTC is supported by Bosky Trees arboricultural consultancy
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