common lime tree with a tpo

Re: common lime tree with a tpo

Postby graham turner » Mon Aug 18, 2014 5:28 pm

TO.The sole reason I am on here is because I was hoping to find someone who had dealt with this problem before and could help me.After a year I have found that my planning consultant will tell me what I want to hear.As he is on an hourly rate and of course he will tell me all day if I want him to.I thought my two arb reports were enough.I am a layman in all this.I can send you my last report and you could look at the arb photos and tell me if you think they are a waste of time.I have tried to do everything by the book in all this.I asked the planning officer if I should put in a smaller sceme but he said I have hit a brick wall with landscapes dept.Who is wrong and who is right.
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: common lime tree with a tpo

Postby TO » Tue Aug 19, 2014 8:33 am

Hi

graham turner wrote:Who is wrong and who is right.
No one is wrong and no one is right. The thing with planning applications is that there are arguments for and against. The planning officer has to consider all of them and give appropriate weight to each. Some arguments carry more weight than others. In the end they have to balance the arguments for and against and come to a reasoned decision to allow or refuse the application. If it's refused, or not determined you can appeal.

By the way I've worked out how I misattributed the quotes so hopefully it won't happen again.

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: common lime tree with a tpo

Postby graham turner » Sat Aug 23, 2014 11:22 am

TO,my application has been in since march and I really want it determined as I have found a company who will take it on a part fee and the rest on success at appeal.Why wont they determine it and is there any way to make them just get on with it.
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Re: common lime tree with a tpo

Postby graham turner » Sun Aug 24, 2014 4:34 pm

Does it vary from council to council,as I have found online that with Horsham council ,their guide shows that you can build at a minimum of half the tree at max height.they show limes at 24m and half that being 12m which we are.I just do not get it.
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Re: common lime tree with a tpo

Postby TO » Tue Aug 26, 2014 8:43 am

Hi

graham turner wrote:my application has been in since march and I really want it determined
Write to the Head of Planning, or whatever their job title is, not the case officer. Tell them your application is now x months past its 8 weeks determination period and you want it decided. If it it's not decided within 5 working days you will appeal on the grounds of non-determination.

graham turner wrote:Does it vary from council to council,as I have found online that with Horsham council ,their guide shows that you can build at a minimum of half the tree at max height.they show limes at 24m and half that being 12m which we are.I just do not get it.
Yes and, but you don't live in Horsham. Your application will be determined on its merits and against the Policies of the Local Authority whose patch it is in.

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: common lime tree with a tpo

Postby graham turner » Sun Oct 05, 2014 12:02 pm

Well its now 206 days since we applied.We are now going for non determination with a company who is happy to do a no win no fee and we share any costs awarded.This is not the route I wanted but see no option after 7 months waiting.What is the difference between non determination and refusal,Which is easier to fight from the councils side.
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Re: common lime tree with a tpo

Postby TO » Mon Oct 06, 2014 12:42 pm

Hi

I'm surprised you've found a firm to do it on a no win no fee basis, and in the hope you will be awarded costs. Winning is no gurantee that costs will be awarded in your favour. Even if you win you could still end up paying the Councils costs either in whole or part.

graham turner wrote:What is the difference between non determination and refusal
The difference is obvious. Ones been refused and the other hasn't been determined. The Council will have to indicate to the Inspector what their decision would have been.

graham turner wrote:Which is easier to fight from the councils side
Makes no difference. It will be determined on its merits.

Keep us up-dated

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: common lime tree with a tpo

Postby graham turner » Mon Oct 06, 2014 1:39 pm

Thanks TO.We sent all the information to 3 firms all of whom were prepared to take it on.We are not interested in costs all we want is to get it moving again.The council have been very unreasonable not even asking for an extension of time or replying to e mails and their own arb guy not responding to mine.The whole thing drives you mad,but I can put it on the back burner for a few months now and what will be will be.
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Re: common lime tree with a tpo

Postby graham turner » Mon Dec 22, 2014 9:32 pm

Well the latest news is we only had to wait 8 weeks to have our appeal,which was today and the council planning officer never even bothered to turn up ,so she went ahead without him.Is this common or is this what we have to expect from a council that after 8 months made me appeal for non determination of my identical application.Should know in just a few weeks.At least its being determined by the right people and not parish councils and busy body neighbours .
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Re: common lime tree with a tpo

Postby arsie » Tue Dec 23, 2014 10:44 am

In my experience most people in these public serving roles have this week off on leave. The inspector must have been relatively junior. Also local council staff seem to be under pressure and tend to be a bit fatalistic. Either way the outcome will be on the facts as the inspector lady sees it. Hope it works out :D
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: common lime tree with a tpo

Postby Treeman » Wed Dec 24, 2014 1:11 am

graham turner wrote:Well the latest news is we only had to wait 8 weeks to have our appeal,which was today and the council planning officer never even bothered to turn up ,so she went ahead without him.Is this common or is this what we have to expect from a council that after 8 months made me appeal for non determination of my identical application.Should know in just a few weeks.At least its being determined by the right people and not parish councils and busy body neighbours .



It matters not if the planners are there, the appeal will be determined with or without them. There could be any number of reasons the planners didn't attend none of which make a difference to the situation.

BTW a space or two or better yet some decent grammar would make it easier to read and more likely that you will get an answer.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: common lime tree with a tpo

Postby graham turner » Fri Jan 16, 2015 7:50 pm

Well the news is that today we won our planning appeal against the council .The impact of the lime tree was the only reason for refusal.
The appeal went in our favour,our application was never decided after over 200 days.
I always believed it was political and strings were being pulled.We knew we were up against it being next door to the vice chairman of the parish,and our main objector being a parish member.
But the lesson is this,never give up even when the odds are stacked against you.
So this summer I will build in the bottom of my large garden,with its own access and any neighbours who do not like it have the option to move and annoy someone else.Thanks for all the comments which I found helpful.
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Re: common lime tree with a tpo

Postby arsie » Fri Jan 16, 2015 8:28 pm

Excellent result Graham thanks for telling us.
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: common lime tree with a tpo

Postby arsie » Fri Jan 16, 2015 8:50 pm

Take care. Roger
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: common lime tree with a tpo

Postby graham turner » Sat Jan 17, 2015 12:34 am

Thanks arsie.
graham turner
 
Posts: 42
Joined: Mon Mar 17, 2014 4:56 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
PreviousNext

Return to Trees

Who is online

Users browsing this forum: No registered users and 2 guests