Developers ?!?!

[Roz]

Some days you do wonder what its all about............just what the doctor ordered for a Friday afternoon...?! ....and to add to the mix there TPO'd.

[MATTMOSS]

Makes you wonder why you bother

[treequip]

I recon you have the title wrong, OK, so that's not what you would call best practice but why didn't the PLANNERS condition tree protection, why have they allowed such an encroachment at all??????

 

Blame the person that signed off on the planing

[Chris at eden]

I recon you have the title wrong, OK, so that's not what you would call best practice but why didn't the PLANNERS condition tree protection, why have they allowed such an encroachment at all??????

 

Blame the person that signed off on the planing

 

I would imagine they did but the developers have ignored it. I saw one site where they stored the materials inside the tree protection barriers so it didn't get stolen. That's what the site manager said when I asked, I was there to monitor!!! Its not uncommon.

[kevinjohnsonmbe]

So what can be done?

 

Realistically, can a TO (or any other LA rep) cause work to be stopped on a site?

 

Assuming TPP is conditioned, and was being breached, could work be stopped as a breach of condition?

 

One or 2 examples of that and word would soon get around.

[AA Teccie (Paul)]

So what can be done?

 

Realistically, can a TO (or any other LA rep) cause work to be stopped on a site?

 

Assuming TPP is conditioned, and was being breached, could work be stopped as a breach of condition?

 

One or 2 examples of that and word would soon get around.

 

If direct damage has occurred, e.g. root or branch severance / breakage, AND if the trees are TPO'd then surely technically an offence of willful damage could apply.

 

Failing that it's probably down to the strength of the conditions and whether Planning Enforcement would take it on...if only to prevent further damage / harm occurring.

 

It doubtless looked lovely on the drawings

 

Cheers,

Paul

[Gary Prentice]

So what can be done?

 

Realistically, can a TO (or any other LA rep) cause work to be stopped on a site?

 

Assuming TPP is conditioned, and was being breached, could work be stopped as a breach of condition?

 

One or 2 examples of that and word would soon get around.

 

I was on a site a couple of weeks back, saw some excavation very close to trees so asked the manager if they were working to approved plans? He said yes but was concerned about tree stability. He asked me to email his company to voice my concerns - as the Arb person.

 

That afternoon planning enforcement turned up and stopped the site. In this instance because there was no planning permission for what they were doing, but I think if conditions haven't been met or contravened, they could probably do the same.

[kevinjohnsonmbe]

So what can be done?

 

Realistically, can a TO (or any other LA rep) cause work to be stopped on a site?

 

Assuming TPP is conditioned, and was being breached, could work be stopped as a breach of condition?

 

One or 2 examples of that and word would soon get around.

 

 

It was more of a rhetorical question. I guess I should have said "would" instead of "could" a LPA rep stop work?

 

Surely that's the answer, developers will push the envelope where ever possible, LPA should "police" & "punish" if they push it too far?

[Gary Prentice]

It was more of a rhetorical question. I guess I should have said "would" instead of "could" a LPA rep stop work?

 

Surely that's the answer, developers will push the envelope where ever possible, LPA should "police" & "punish" if they push it too far?

 

That would require a desire to prosecute from the legal department:sneaky2:, something that seems to be lacking with certain authorities.

 

I can understand where there are cash-strapped councils, fearful of incurring costs should things not go their way, but I'm personally aware of a number of instances where a legal department have failed to pursue a contravention where the contractor was caught in the act (after a refusal had been issued to a felling app).

 

Further along, if prosecutions occur, the magistrate has to understand the significance of trees and impose a penalty significant enough to matter.

 

I can sympathise totally with Roz's opening post, it all ends up feeling a waste of time and that you're fighting a battle where everything is against you

[Adam M]

If they aren't working to approved plans and damage has occurred and is likely to continue, a temp stop notice would hit them in the pocket.