UKTC Archive

RE: Kirklees council confirms that not anyone can apply for work under a TPO

Subject: RE: Kirklees council confirms that not anyone can apply for work under a TPO
From: Jon Heuch
Date: Jan 20 2022 10:10:55
The simplest approach is just to point the council to the online planning
guidance:

 

https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservati
on-areas#making-applications-tpo

 

This reads:

 

Who can apply for consent under a Tree Preservation Order?

Anyone can apply for consent under an Order. The applicant will usually be
the owner of the tree or trees in question or an arboricultural contractor
or other person acting as the applicant's agent.

 

Also, a person can apply to carry out work on a neighbour's protected tree.
But such an applicant is advised to first consult the tree's owner and also
notify them promptly after submitting their application. The authority may
ask the applicant about their legal interest in the tree and consult the
tree's owner. If the authority grants consent it will be for the applicant
to get any necessary permission (for access to the land, for example) from
the owner, before carrying out the work.

 

Paragraph: 063 Reference ID: 36-063-20140306

 

Revision date: 06 03 2014

 

You could add that the 2012 Regulation 16 makes no such restriction on who
can apply for tree works.

 

 

 

If they persist in their nonsense - and before you appeal it  - as you say
the delay might be quite long - I suggest you look at:

 

The Town and Country Planning (Development Management Procedure) (England)
Order 2015 

 

You need to read article 12 which then refers to article 34(6)( c) .

 

Article 12 reads:

 

Validation dispute

12.-(1) Where-

(a)   a local planning authority require particulars or evidence to be
included in an application; and

(b)   the applicant considers any particulars or evidence required do not
meet the requirements set out in article 34(6)(c),

the applicant may send a notice to the authority.

(2) The notice must-

(i)  specify  which  particulars  or  evidence  the  applicant  considers
do  not  meet  the requirements set out in article 34(6)(c);

(ii)  set out the reasons the applicant relies upon in holding that view;
and

(iii)  request  the  authority  to  waive  the  requirement  to  include
those  particulars  or evidence in the application.

(3) Following  receipt  of  the  notice  mentioned  in  paragraph  (1)  and
not  later  than  the  date specified in paragraph (3), the local planning
authority must notify the applicant either that-

 

34(6)C reads

 

(c) the particulars or evidence the authority require to be included in the
application-

(i) are reasonable having regard, in particular, to the nature and scale of
the proposed development; and

(ii) are about a matter which it is reasonable to think will be a material
consideration in the determination of the application; and

 

Yes,  your dispute does not appear to be simply about missing evidence & it
does not involve "development" but it is a planning application so worth a
try to check you are not dealing with one individual who doesn't understand
the law. So you should send your notice to the Chief Executive and it should
land on the Head of Planning for them to deal with.

 

 

An appeal - it will be at the discretion of the PI to accept the appeal, so
you will need to make your argument clear. Make sure you apply for costs too
as the need to appeal is totally avoidable and thus unreasonable.

 

Jon 

 




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