Appendix
to Point No 9
From: Charlton, Laura
Bolton Metropolitan Borough Council 24 March 2011
Bolton Metropolitan Borough Council 24 March 2011
Dear
Mr. Richardson,
Request for information under the Freedom of Information Act 2000
In response to your request for information we have contacted the relevant
department and Bolton Council are happy to supply the information below.
1. - Where trees situated on land owned by Bolton Council are subject to existing Tree Preservation Orders, what are the circumstances and by what procedures and on whose authority can those Tree Preservation Orders be rescinded?
Response.
Once a tree is protected by an order confirmed by the Council (via thePlanning Committee) trees may only be removed as a result of the submission and approval of an application to undertake such work. Thisprocess is set down by the regulations in respect of trees covered by TPO's. The decision on such applications would be taken by the Director of Development and Regeneration under the powers conferred on him by the scheme of delegation from the Council. Permission may also be granted via an application to develop the land on which the trees stand but consent
would only apply to the trees that are required to be removed to allow development to take place.
2. - Where Tree Preservation Orders are made specifically in order to ensure that there is no development of the land on which they are situated, under what circumstances and by what procedures and on whose authority can those TPO’s be rescinded and development be allowed to proceed?
Response.
This process would normally result in a developer Appealing a decision and under such circumstances the final decision as to weather (sic) development proceeds would be taken by a Planning Inspector on behalf of the Secretary of State.
3. - If such land owned by Bolton Council upon which are situated are trees covered by TPO’s should be disposed of by sale, under what circumstances and by what procedures and on whose authority could the TPO’s be rescinded.?
Response.
The subsequent owner would be responsible for submitting an application to develop the said site and the Council would decide whether to approve or refuse the development. Approval to remove trees as part of an application would be granted pursuant to an approval of a detail/full application. Should the Council refuse consent then the process would follow that set
down in the answer to the second query.
Note. - The Local Planning Authority are no longer required to get approval from the Secretary of State to fell trees themselves that are protected and on land they control.
Request for information under the Freedom of Information Act 2000
In response to your request for information we have contacted the relevant
department and Bolton Council are happy to supply the information below.
1. - Where trees situated on land owned by Bolton Council are subject to existing Tree Preservation Orders, what are the circumstances and by what procedures and on whose authority can those Tree Preservation Orders be rescinded?
Response.
Once a tree is protected by an order confirmed by the Council (via thePlanning Committee) trees may only be removed as a result of the submission and approval of an application to undertake such work. Thisprocess is set down by the regulations in respect of trees covered by TPO's. The decision on such applications would be taken by the Director of Development and Regeneration under the powers conferred on him by the scheme of delegation from the Council. Permission may also be granted via an application to develop the land on which the trees stand but consent
would only apply to the trees that are required to be removed to allow development to take place.
2. - Where Tree Preservation Orders are made specifically in order to ensure that there is no development of the land on which they are situated, under what circumstances and by what procedures and on whose authority can those TPO’s be rescinded and development be allowed to proceed?
Response.
This process would normally result in a developer Appealing a decision and under such circumstances the final decision as to weather (sic) development proceeds would be taken by a Planning Inspector on behalf of the Secretary of State.
3. - If such land owned by Bolton Council upon which are situated are trees covered by TPO’s should be disposed of by sale, under what circumstances and by what procedures and on whose authority could the TPO’s be rescinded.?
Response.
The subsequent owner would be responsible for submitting an application to develop the said site and the Council would decide whether to approve or refuse the development. Approval to remove trees as part of an application would be granted pursuant to an approval of a detail/full application. Should the Council refuse consent then the process would follow that set
down in the answer to the second query.
Note. - The Local Planning Authority are no longer required to get approval from the Secretary of State to fell trees themselves that are protected and on land they control.
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