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Throw yourself in front of the chain saw?


Sylvia
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http://democracy.leeds.gov.uk/documents/s105611/Report%20to%20Chief%20Planning%20Officer.pdf

 

" 2.4 On Monday 24th June 2013, the Council’s Tree Officer was contacted by the Forestry Commission (F.C). The F.C had been contacted by a number of local residents concerned that trees had been felled on the site over the weekend and that further felling works were presently taking place. The F.C concern was that the works may require felling license consent under the Forestry Act 1967. The F.C sought to clarify whether the Council had knowledge of the works and if the tress were subject to statutory tree protection. The Council also received a number of complaints from concerned members of the public. At this time, it was still assumed that the site was Government owned and, therefore, subject to Crown immunity.

2.5 Following the F.C. enquiry, an immediate site visit took place involving both the Tree Officer and Landscape Architect (who was involved with the pre application discussions). It was evident that a large number of trees had been felled (16 in total) with much of the remaining site tree cover marked for removal.

2.6 The Tree Officer telephoned the F.C. and was advised that whilst the trees that had been felled did not require a licence, a felling license application would be required to remove any additional trees. It was suggested to the Tree Officer that the F.C considered that this was a development issue that could be considered through the Planning process rather than a felling license and this was conveyed to the agent.

2.7 Still under the assumption that the site benefitted from Crown Immunity, both the Council as planning authority and a local Councillor wrote to the DWP voicing concerns as to the tree removal and inviting further dialogue through the planning process.

2.8 A letter from the Department of Work and Pensions dated 7th August 2013 to a local Councillor confirmed the intention to fell trees at the site prior to the submission of a planning application and that the site had been sold to a private third party landowner. Due to the change in ownership the site did not benefit from Crown Immunity, and therefore the TPO was made and served on 14th August 2013, to ensure that a full appraisal of the health and status of the trees on site could be made and to protect any mature valuable trees present of high amenity value. A copy of the Order Map Schedule and supporting documents are appended to the report...... "

 

If you're a local resident seeing someone felling trees what do you do?

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If you're a local resident seeing someone felling trees what do you do?

 

Looks like the developer has been caught offside here on two counts, firstly lack of felling license and secondly perhaps misleading Council on land onwership and therefore crown immunity.

 

WEvery Council website I look at has something about trees and what the basic rules are and some sort of contact in the Council for 'if in doubt' queries. It seems a more appropriate and logical first contact for a resident than the Forestry Commission. The case you cite is reassuring insofar as there is good dialogue between FC and Council and that they understand their interface.

 

I shall look at all the attachments. Sad as it may seem, I love all this procedural guff. Thanks for posting.

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On a day to day basis not much procedural guff is apparent to non arborist punters like me hearing the siren call of the chain saw - it looks on the face of it as though no-one knows or cares - just occasional glimpses like the above of what the process is ..... but how do we know what's kosher and what's not - and who are we likely to ask as we stroll past with the dog ? ............... reactions differ.

Wish licences to fell were made public..............

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  • 2 weeks later...

Planning notices have to be shown for work being carried out on buildings and land so why isn't there a similar system in place for tree work. A notice could be put up and have to remain in place for a set period of time for the public to air their opinions or grievances and oppose the planned work if they wish.

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Planning notices have to be shown for work being carried out on buildings and land so why isn't there a similar system in place for tree work. A notice could be put up and have to remain in place for a set period of time for the public to air their opinions or grievances and oppose the planned work if they wish.

 

I thought this was the case with TPOd trees.

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One that got through the net.Only way to control these situations would be for LA to be notified of land sales which would be too onerous.

I would have thought through their Community Led plans or whatever they are called these days the LA might have been aware this land had development potential but big site Leeds and environs.

Better for LA's to concentrate on macro tree cover in their area (the big picture) than get on the treadmill of dealing with individual tree pruning requests and workload.Far more trees are protected this way.

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Wish licences to fell were made public..............

 

They are. Check the public register on the FC website, it should give you details of applications for a felling licence and details of active felling licences. You should also have the opportunity to comment, object to or endorse, on felling licence applications.

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They are. Check the public register on the FC website, it should give you details of applications for a felling licence and details of active felling licences. You should also have the opportunity to comment, object to or endorse, on felling licence applications.

Or you can look on DEFRA's Magic maps online. Possibly one of my favourite online resources and one I would urge you all to check out as it contains information about just about every land designation and agreement, all on a handy, easy to use interactive map.

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Forestry Commission website - felling licences register - oooooooer offputting.

"How to get information and/or submit a comment on an application listed in the Register of New Planting and Felling:

You should contact your local Forestry Commission Area office to request the information. You will need to quote the reference number (shown in the “Ref” column). Personal information contained in the application will not be included (e.g. applicant’s name and contact details) when we provide copies. If the copy is large or if copies are requested regularly, we may charge a fee for this service.

 

Comments on applications listed on the Register of New Planting and Felling must be submitted in writing by e-mail or letter to the appropriate FC Area office quoting the reference number.

 

The Register of New Planting and Felling is updated weekly, usually on a Monday, and you have 28 days from when the case first appears on the register to submit any comments."

 

I couldn't find any explanation of the abbreviations used for local cases listed.

 

DEFRA magic maps totally fascinating - thanks.

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