Post planning tree removal

[norfolk_tom]

Hi all.

 

So a customer has extended their house; had a 5837 report that highlighted a few trees to remove which we did but had a medium macrocarpa at the end of the garden that was retained and apart from moving a soakaway to clear the RPA there weren't any other conflicts with the build so no need to remove the tree.

 

Customer now wants it removed. My question is as the extension has only just been finished can we remove the tree or is it somehow protected by the planning condition. The condition obviously stipulated adherence to the AMS etc to protect trees to be retained but it doesn't specifically mention the tree or place any protection measures on it.

 

Thoughts?

 

Cheers

[sloth]

Check the conditions on the approval, if in doubt check with the la...

[monkeybusiness]

If it's not TPO'd/conservation area I'm pretty sure you can do what you want once building works are finished/signed off. It's a bit of a joke really.

[dig-dug-dan]

Whilst I suspect you can now remove it, be prepared for some flack.

I once turned up to remove a problem oak that was protected during building works, but not tpo'd.

Within 15minutes of turning up, and being tied up in the tree ready, the council were out and had slapped an emergency tpo on the tree as tne neighbour had called them. Climbed back down, and lost a mornkngs work.

[donnk]

They should have dropped the trees PRIOR to submitting the application.

 

If you chop them down what the council going to do Make you plant them again ?

 

They haven't got time to monitor Persimmons and Wimpy building houses made from easter egg boxes so a bloody tree sure aint going to be top of the list!

[Adam M]

Hi all.

 

So a customer has extended their house; had a 5837 report that highlighted a few trees to remove which we did but had a medium macrocarpa at the end of the garden that was retained and apart from moving a soakaway to clear the RPA there weren't any other conflicts with the build so no need to remove the tree.

 

Customer now wants it removed. My question is as the extension has only just been finished can we remove the tree or is it somehow protected by the planning condition. The condition obviously stipulated adherence to the AMS etc to protect trees to be retained but it doesn't specifically mention the tree or place any protection measures on it.

 

Thoughts?

 

Cheers

 

Depends on wording of the condition. It may state that if trees are removed, die or become seriously defective in X amount of years after completion, that they shall be replaced blah blah blah.

[jjll]

Had a job come up recently regarding the removal of a walnut tree in the back garden of a brand new development housing site. Although there were no tpos on the property, there was a landscape condition to retain all existing vegetation and trees covered in the landscape scheme for 5 years.

The TO informed me that they would be serving a TPO notice if it was to be removed.

It did make me wander why they didn't just put a TPO on it before the development.

Although I didn't take this any further, the ground levels had been raised considerably to level off the garden and would likely cause issues with the tree in later years, which goes to show there was no consideration for the RPA. What's the point of having conditions if things like this happen without remedial action.

[Adam M]

Had a job come up recently regarding the removal of a walnut tree in the back garden of a brand new development housing site. Although there were no tpos on the property, there was a landscape condition to retain all existing vegetation and trees covered in the landscape scheme for 5 years.

The TO informed me that they would be serving a TPO notice if it was to be removed.

It did make me wander why they didn't just put a TPO on it before the development.

Although I didn't take this any further, the ground levels had been raised considerably to level off the garden and would likely cause issues with the tree in later years, which goes to show there was no consideration for the RPA. What's the point of having conditions if things like this happen without remedial action.

 

TO's spread to thinnly on the ground and not able to keep up with site monitoring.

[Gary Prentice]

Had a job come up recently regarding the removal of a walnut tree in the back garden of a brand new development housing site. Although there were no tpos on the property, there was a landscape condition to retain all existing vegetation and trees covered in the landscape scheme for 5 years.

The TO informed me that they would be serving a TPO notice if it was to be removed.

It did make me wander why they didn't just put a TPO on it before the development.

Although I didn't take this any further, the ground levels had been raised considerably to level off the garden and would likely cause issues with the tree in later years, which goes to show there was no consideration for the RPA. What's the point of having conditions if things like this happen without remedial action.

 

TO's spread to thinnly on the ground and not able to keep up with site monitoring.

 

I keep thinking that the only way the construction industry will ever be policed adequately is that when the method statement says that there will be arboricultural superrvision, at key stages, it is actually done. If it means a consultant has to visit to sign off, make them pay for it. If the site hasn't been worked to the AMS, don't sign the site off. A substantial bond, securing tree health and longevity, would be great, but don't know if legislation is really there to implement it.

 

If the TO visits, to deal with a contravention of the AMS, charge the builder.

 

The planning system is sort of there to implement this with the AMS,but no-one ever confirms it's been adhered to.

Edited April 7, 2017 by Gary Prentice

[Chris at eden]

If it's not TPO'd/conservation area I'm pretty sure you can do what you want once building works are finished/signed off. It's a bit of a joke really.

 

Tree retention conditions usually last for five years after the site is signed off.