UKTC Archive

RE: Felling Licence - Judicial revue

Subject: RE: Felling Licence - Judicial revue
From: Alastair Durkin
Date: Jul 20 2020 08:00:38
Hi Jim

I'm not sure a felling licence 'outranks' a TPO. If a TPO is in place then 
the FC must consult the LPA and advise them whether they plan to issue a 
licence. If the LPA objects to the licence being issued then the matter goes 
before the Sec of State, who decides the case under the TCPA 1990, not the 
Forestry Act. So ultimately, the TPO may prevail. 

Cheers

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jim Quaife
Sent: 17 July 2020 06:57
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Felling Licence - Judicial revue 

A JR is a procedure available in most circumstances, but no, I am not aware 
of one made against a FL.  FLs "outrank" TPOs of course, but if planning  
consent has been granted - presumably with public consultation, and with the 
responses from the various consultees the FC is obliged to notify, the JR can 
only be made realistically on procedure. 
If it happens I'm sure we would all be interested to follow it.
JRs are expensive - £20K is the starting point!
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of 
willross583@xxxxxxxxxxx.com
Sent: 16 July 2020 19:25
To: UK Tree Care
Subject: Felling Licence - Judicial revue 

Hi all,

          Rather interesting question asked by a planning colleague, he has a 
site where a  felling licence is about to be issued, the WMP has been 
approved by the FC and consultees have replied, the LPA has had one comment 
re retention of some Ash although the FC has said these can be felled (approx 
35% of Cover) for operational reasons though those looking healthy will be 
retained along with regen, the site is also subject to PP and a number of 
trees have to be removed for drainage infrastructure and are included in the 
PP drawings as part of the scheme. The consultant is concerned that a 3rd 
party could ask for a Review, anyone had experience of this with a felling 
licence/WMP even if this is possible, interested to hear peoples thoughts.

 

Will




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The UKTC forum is supported by Bosky Trees arboricultural consultancy and
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