Council approved my neighbours tree felling but said I can't do the same!!

Lois71

I applied to the Local Council  with a 211 to fell trees in my garden and replace with similar evergreens but in different places (not bang smack in the middle) which allow me to enjoy my garden and replant so we aren't losing anything but under some planning condition that belies the land they have refused, yet they have gone ahead and raised no objection to the neighbours who have felled their trees even though they are under the same conditions as the land is the same plot. They told me to apply for pre-advice (c.£200) to come and look and then tell me how to apply (another £2-400).  I have gone back and questioned why my neighbours 211 Notice was approved no objections raised (I believe thy were out of the six week period) but they are not responding to me. What can I do?  I feel very angry about this. It is one thing them rejecting it, ok fine, but to raise no objection to the exact same request to the trees literally next door within weeks has really got my backup. 

twopenny

First thing I'd do would be to make a formal request in writing stating your time of application, reason for refusal, paperwork showing that both plots come under the same legislation and asking for the reason for one to be granted and the other not.
Keep it cool, accurate and to the point and request the answer in writing.
They should have a required number of days as part of their job to reply and must do this.
You then have the exact answer to think on for moving forward. Also a legal one that can't be denied later 
I'm guessing an angry irritated phone caused the worst possible answer? I can understand why. Infuriating. 
Always get stuff in writing. It can't be ignored and can't be denied like phone calls.

Lois71

Yes I did go bananas on the phone, when they said no initially and at that time they had not responded to my neighbours 211 Notice. I told the guy and he says well they shouldn't have done that and he will have a look. The next thing is they have updated their application with a no objection raised on it. Obviously this made me even more angry. Is there any accountability for that? I will do what you said I wanted to know if anyone had expereinced anything similar. Are they accountable for errors like this or untouchable?

Davesnave

If you don't get a satisfactory reason for for not receiving the same treatment your neighbour, enjoyed, you could complain to:

https://www.lgo.org.uk/

twopenny

It might be worth asking on the DIY Forum. There are a lot of eagle eyed legal types on there with a lot of knowledge

in_my_wellies

Is he on the council?  Just joking but I live in a conservation area and my neighbour applied and was approved to fell and prune several trees one of which was mine (to fell). He had drawn the boundary 2' into my land. I rang the council and they said nothing could be done as it was approved, letters not sent out for tree work. I told the neighbour and he agreed it was mine and wouldn't touch it, "I just made a mistake"

I wasn't happy so looked at the planning application again. It turns out the he is the 'consultee' on his own planning application! I still don't like having 'on record' that the tree is in his garden on an official document. I may well look into the above link - thanks Davesnave

Lois71

I guess my worry is they haven't said I can't have works done just that I need to go through two lengthy and wildly expensive applications and if I complain against them will they just slap TPOs on them or make life even more difficult? I have never come across the council before outside of refuse bins but they seem to be able to do what they like with no accountability or if you do dare to question them they will just cut you off! Its ridiculous how they can get away with it. 

Lois71

in_my_wellies said:

Is he on the council?  Just joking but I live in a conservation area and my neighbour applied and was approved to fell and prune several trees one of which was mine (to fell). He had drawn the boundary 2' into my land. I rang the council and they said nothing could be done as it was approved, letters not sent out for tree work. I told the neighbour and he agreed it was mine and wouldn't touch it, "I just made a mistake"

I wasn't happy so looked at the planning application again. It turns out the he is the 'consultee' on his own planning application! I still don't like having 'on record' that the tree is in his garden on an official document. I may well look into the above link - thanks Davesnave

No way!!!!b Sneaky so and so.... I would definitely keep and eye on that.