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Dec 21

Anyone who is considering an application to the court is strongly advised to seek legal advice. This document contains revised guidance on the ability to combine appeal procedures introduced by the Business and Planning Act 2020. Third parties will be heard in the order determined by the Inspector. 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. You should be aware that the information provided is copied to other parties and can be made publicly available. Tree Preservation Orders (TPOs) Tree Preservation Orders (TPOs) are made by local authorities and make it an offence to cut down, prune or otherwise damage a tree. The information provided to us is used to determine the case. Customer Quality Unit The completed appeal form and any supporting documents must be received by PINS. 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. Your statement of case should be concise and should concentrate on the main issues. You should keep an additional copy of your appeal form and supporting documents for your own reference. Should your appeal be unsuccessful there is nothing to stop you from making a further application to the council. The Inspector will only consider the matters that were before your council when the decision on your application was made. What happens if I decide to withdraw my appeal? We will notify you, the council, and, where appropriate, the owner/occupier of the land where the tree is situated of the Inspector’s decision as soon as possible. A tree is protected if it is covered by a Tree Preservation Order (TPO), which is made by Mole Valley District Council (MVDC), or if it is located within a Conservation Area. If necessary, the Inspector may request further information after the site inspection has taken place. When validated we will issue a reference number which you should use at all times. This procedure aims to reduce the length of time for a decision to be made and is one that we would recommend for most cases. In determining the appeal the Inspector may allow it, either in total or in part, or dismiss it. Only the courts can give an authoritative interpretation on any point of law, so this guidance has no legal force. Where we are satisfied that there are no exceptional reasons, we will reject any late appeal. Your statement of case and the council’s will be despatched by us to the other party at the same time. 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. The hearing can then be an open discussion of the main issues without witnesses having to be examined. The Town and Country Planning (Tree Preservation) (England) Regulations 2012. When we are satisfied that we have all the relevant documentation, we will pass the appeal file to the Inspector who will conduct a site inspection, unless we decide that a site visit is unnecessary, but this will happen very rarely. Bristol A Tree Preservation Order is an Order which provides protection for an individual tree or a group of trees. Such Orders restrict dealings with those trees affected, and prohibit the same being wilfully damaged or destroyed, uprooted, felled, topped or lopped. A copy will also be sent, on request, to any third party who submitted representations. A Tree Preservation Order provides a tree with an increased level of legal protection greater than that afforded to a tree which may be located within a Conservation Area. A tree preservation order (TPO) is a part of town and country planning in the United Kingdom. At a hearing third parties have no right to speak, but may be heard at the discretion of the Inspector. 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. We may correct errors in decisions provided the error is not part of the reasoning that supports the decision. The Inspector may reverse or vary any part of the council’s decision. And the event may be held virtually if appropriate. This privacy notice provides information about our processing of personal information in respect of tree preservation casework in England. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. The council then send us and you a copy of the completed questionnaire and any documents submitted with it. Each party will only get the full benefits of the hearing if you, the council and the Inspector have an opportunity to consider the issues beforehand. If you fail to provide us with information required to validate your case then we may not be able to consider it. If you choose to be heard interested parties may attend the hearing or inquiry and request permission to speak. Don’t worry we won’t send you spam or share your email address with anyone. What are the consequences of failing to provide your information? If you decide to withdraw your appeal you must confirm it in writing to us as soon as possible so that we may write to the other parties and let them know that we will take no further action on the appeal. 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. Permission is needed to bring an application for statutory review and a challenge must be made within 6 weeks of the appeal decision. As indicated in section 6, we will keep the determined procedure under review. If it becomes apparent that the written procedure is unsuitable, we may change it to a hearing, inquiry or combined procedure at any point before a decision on the appeal is made (subject always to any notification and procedural requirements). Its primary function is to determine appeals. If appealing against a refusal of consent to fell a tree or against a condition requiring replacement planting you should indicate the species and size of any tree/s you would be prepared to plant if the appeal were to be allowed. You must send a copy of the completed form and any attachments to the council. Please be aware as well as Tree Preservation Orders, trees can also be protected by planning conditions and by being within Conservation Areas. The start letter will confirm the contact details of the case officer who will process your appeal, and the procedure to be adopted. If you do not send your appeal documents to the council we may decide that your appeal is invalid. You can also find them at: http://www.legislation.gov.uk/. The Inspector may also take photographs during the visit. In such cases a written application should be submitted within 4 weeks from the date on which notice of the cancellation is given. 8. 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