It is your responsibility to keep to this timetable - we will not send you reminders. The parties to an appeal relating to a decision on an application to carry out works to protected trees are: The council will forward to us any written representations made about the application by third parties, and the Inspector will take them into account when making the decision. These Orders prohibit the: If confirmed, this Order will revoke the Aberdeen County Council (ACC) Tree Preservation Order No. However, unsolicited representations received after the site inspection will be returned to the sender unless the person submitting them can demonstrate that there were exceptional reasons which prevented their submission in accordance with the regulations or as otherwise specified by us. 3B Eagle Wing At the hearing or inquiry the Inspector will hear the application, and any response from the party from whom costs are being sought, and will write a separate decision on it. The Inspector cannot consider representations other than those made available to the parties. The completed appeal form and any supporting documents must be received by PINS. In determining the appeal the Inspector may allow it, either in total or in part, or dismiss it. It follows that what is at issue is not the strength of your arguments and/or the merits of the appeal decision. We do not normally redact contact information or other information when copying information to other parties - and you should only submit information on that basis. The council then send us and you a copy of the completed questionnaire and any documents submitted with it. You’ve accepted all cookies. Temple Quay House No council representative will be present at the visit and for this reason it is particularly important that you or your representative do not attempt to engage the Inspector in conversation about the merits of the appeal, although points of particular interest can be drawn to the Inspector’s attention. The procedures are the same as set out above for the hearing procedure (see section 11) but additionally there will be an opportunity to submit a proof of evidence. You cannot introduce any new reasons for the appeal. A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands. Please also submit all supporting documents electrically by email. Temple Quay This means that fruit trees are not automatically exempt unless they are actively being used for a business. Save to My scrapbook We will reject and return representations received at this stage if they raise new issues. The Inspector may reverse or vary any part of the council’s decision. Wilmslow, Cheshire, Where we are satisfied that there are no exceptional reasons, we will reject any late appeal. A site visit will be undertaken regardless of the procedure unless, due to very exceptional circumstances, we decide that an inspection is not required. Similar limitations apply in respect of the reasons you give for seeking consent, especially under the fast-track procedure where your council has no opportunity to respond to your grounds of appeal. Data Manager The Fast Track (written) procedure is one where by an Inspector will make a decision based upon the documents submitted with the appeal and also upon documents submitted as a result of a questionnaire sent to the council. As set out above and in our guidance, the information we receive is copied to the case parties. An appeal decision can be challenged by applying to the High Court for a review under s288 of the Town and Country Planning Act 1990, which could lead to the quashing of the decision and reconsideration of the appeal. There is no statutory obligation on interested parties to participate in a case. If we decide that the works you have applied for are so vague that we cannot be sure how much work is involved, we may decide that the appeal is invalid and reject it. How do I complain if I am not happy about the way my appeal has been dealt with? Yes Tree(s) identified, plotted and classified Order prepared and made Order served and made available to public Any objections? TPOs make the felling, lopping, topping, uprooting or otherwise willful damaging of trees without the permissioâ¦ Tree removal in non-rural areas (e.g. Exceptionally we may be able to accept your appeal even if you are seeking a variation to the works originally applied for. SK9 5AF, Telephone: 0303 123 1113 or 01625 545 745 However, PINS cannot reconsider your appeal if the decision has already been issued unless the decision is overturned in the High Court (see section 19 below). We will do our best to avoid any dates that you tell us are not convenient, but we cannot guarantee that we will be able to find a more convenient day. They will investigate your complaint and will reply as soon as possible. Bristol If you request this then your name and contact information will be removed, including in the version provided to the Inspector, and your representation may receive less weight as a result. However, if you want to make a point that would be best illustrated by a plan or photograph, you should send a copy with the appeal form. 3H Hawk Wing This guidance is issued by PINS and explains how and when an appeal must be made, and how we will deal with it. Permission is needed to bring an application for statutory review and a challenge must be made within 6 weeks of the appeal decision. However, this is subject to any notification and procedural requirements, and provided always that we cannot impose an exclusively written procedure, if you or the council have exercised your right to be heard. Regulation 16 of the Town and Country Planning (Tree Preservation)(England) Regulations 2012 – SI 2012 605 gives local authorities (this may be a district council or a unitary authority but we will call them “councils”) powers to deal with applications for consent to carry out works on or remove trees protected by preservation orders, to make decisions and issue consents with or without conditions. 8. 3A Eagle Wing You should be aware that the information provided is copied to other parties and can be made publicly available. They can be made very quickly and in practice it is normal for a council to make an emergency TPO in less than a day in cases of immediate danger to trees. What are the consequences of failing to provide your information? 2 The Square, Temple Quay This means that if the reason you submitted on your application form was that the tree was causing overshadowing, you should not, on appeal make a claim that tree roots are causing subsidence. Representations may be returned where they contain comments which are offensive or which include personal data that is clearly unrelated to the determination of the appeal. A Tree Preservation Order (TPO) has been made at some time to cover that tree; A planning condition has been made at some time to cover that tree; The tree is within a conservation area (in fact, this one is not strictly protection but merely requires that the owner gives notice to the council of their intention to do works). Although there is no charge for submitting appeals, they are expensive to administer and time-consuming for everyone and so should not be made lightly. However, if it becomes apparent that an appeal is not suitable to proceed via that procedure, we may determine, during the course of the appeal, that a hearing or inquiry should be held, or that a ‘combined procedure’ would be appropriate, which could itself include a written representations element, as described above. 9. The decision will not go into the actual amount of costs involved – only the principle and what the award is broadly for. 15 (1967) A947, Banff Road, Turriff. BS1 6PN, e-mail: [email protected] The Authority may make a TPO if it appears to it to be; âexpedient in the interests of amenity to make provision for the preservation of trees or woodlands in the areaâ. Issues resolved in this manner may ultimately lead to the withdrawal of the appeal saving resources for all parties involved. For example, a hearing could have a written representations element to deal with a certain issue and an inquiry could have hearing (round table discussion) and/or written representations elements, if those approaches are considered more appropriate to deal with certain issues. Correction notices will usually apply to errors of a relatively minor nature such as typographical errors. The regulations are available at larger public libraries. In Scotland, similar provision is made under the Town and Country Planning (Scotland) Act 1997 (amended by the Planning etc. The statement of case may be used, in whole or in part, for reference at the hearing and by the Inspector in writing his/her decision. A TPO is made by a local planning authority (usually a local council) to protect specific trees or a particular area, group or woodland from deliberate damage and destruction if those trees are important for the amenity of the area. When we process your personal information we will comply with the Data Protection Act. They aim to reply to 80% of all correspondence within 20 working days. However, you should be mindful of costs implications if you have asked to be heard and only withdraw your appeal at a late stage (see section 16). Regulation 19 gives people who are unhappy with a council’s decision a right of appeal to the Secretary of State. The Planning Inspectorate is an executive agency of the Department for Communities and Local Government. A TPO can apply to a single tree, a group of trees or woodland. Don’t include personal or financial information like your National Insurance number or credit card details. To do this, you need to go through their reasons for the decision, and explain why you disagree. Typically these are: Given our lawful basis for processing information, your rights to erasure, data portability and to object to the processing of your information may not apply and we do not use automated decision making or profiling. A tree preservation order (TPO) in Castor has been approved. In these circumstances the original decision issued by the council will again become live and any conditions to which it is subject will take effect from the date the appeal is withdrawn. If you want to make a different case for the work applied for you should make a fresh application to the council. However, if you are simply repeating your application you may be asked to provide evidence that the circumstances have changed since you last applied. The following works normally do not require permission under any TPO: town and country planning in the United Kingdom, Town and Country Planning (Scotland) Act 1997, Town and country planning in the United Kingdom. The statement does not have to be in any particular format and it can be submitted on paper or electronically. https://ico.org.uk/. Third parties will not normally be invited to a site visit unless the tree is on their property or there is a need for the Inspector to view the tree from their property. As indicated in section 6, we will keep the determined procedure under review. The decision on the costs application will be issued at the same time as the appeal decision is despatched. Our processing of any special category data (if any is provided) is on a similar basis, being necessary for reasons of the substantial public interest in exercise of our official function of administering and determining cases. We must receive your statement of case, which sets out your side of the argument, within 6 weeks of the start date unless you intend to rely only upon the grounds that you entered onto your appeal form. If it becomes apparent that the inquiry procedure is unsuitable, we may change it to a hearing, written procedure or combined procedure at any point before a decision on the appeal is made. There is no separate right of appeal against a decision issued by an Inspector appointed by the Secretary of State. What is a Tree Preservation Order? He/she will then explain how the inquiry will continue, the Inspector will then identify the likely main issues – again referring to the preinquiry meeting if there was one, and the position on the receipt of proofs of evidence, you (or your representative) and the council may be invited to make a brief opening statement of not more than 15 minutes, the council will give evidence first and you will then have the right to make your case in full. If you are unhappy with the way the Inspectorate processes your personal information then you should first contact the Inspectorate’s Data Manager. We’ll send you a link to a feedback form. the council’s failure to agree a matter that required their agreement under the terms of a condition of consent. The Secretary of State has delegated his appeal functions to the Planning Inspectorate (known as “PINS” - see section 19: The Planning Inspectorate - who we are and what we do). Please include your name and address on of the tree site on all emails. It is placed on attractive trees, or which enhance the appearance of an area.. However, a written application may be made if the party who asked for the hearing causes its cancellation at a late stage by requesting a change of procedure or by withdrawing the appeal, thus causing the other party unnecessary expense in preparing for it. If you do not understand the reasoning set out in the council’s decision you should ask them for clarification before deciding whether to lodge an appeal. If you choose to be heard at a hearing you must meet your own preparation costs and any loss of income brought about by your attendance at the event. If you are unable to attend on the date fixed for your hearing, you should consider sending somebody to present your case for you. The Inspector will usually adjourn the hearing to the site and allow further discussion to take place there before closing it.
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