Philip Wilson Arboriculture


Appeals

 

Refusal of consent for works to trees subject to a Tree Preservation Order (TPO)

 There are two kinds of appeal, written procedure and hearing.

Application has to be made to the local Government Office. If both sides agree to the written procedure, the local authority will be asked to provide their full response to your grounds of appeal within 6 weeks of the starting date. A copy of their response is then sent to you, and you have an opportunity to comment on it if you wish. After that, a suitable date for an inspector to visit the site is arranged. You and someone from the local authority will be able to attend this site visit, and the inspector may wish to ask questions to clarify factual points. Other verbal representations are inadmissible.  A decision is made within 16 weeks of the site visit or hearing.

Refusal of consent for works to trees in a Conservation Area is generally accompanied by the imposition of a TPO. There is an opportunity to object to the imposition of a TPO (considered by the local authority), and recourse is then to the appeal procedure relating to the TPO above.

 The Government Office for the South East of England is:

Government Office for South East, Bridge House, 1 Walnut Tree Close, Guildford GU1 4GA. Telephone 01483 882255. E-mail info@gose.gsi.gov.uk

 

Refusal of planning permission

There are three kinds of appeal:

 1. Written procedure (80% of appeals). An inspector evaluates written submissions by both parties and makes a site visit. 

 2.  Hearing (16% of appeals). Verbal representations are made to an inspector during a hearing lasting not longer than one day. One side may seek to recover costs from the other.

 3. Public enquiry (4% of appeals). Hearings last longer than a day and evidence is taken under oath and formal cross-examination.

 Further guidance is given at:

http://www.planning-inspectorate.gov.uk/pins/appeals/planning_appeals/indicative_criteria.htm

 On-line application forms (for England), can be found at:

 http://www.planningportal.gov.uk/england/genpub/en/1102936775943.html