Post planning tree removal

[monkeybusiness]

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

 

Policed/enforced by whom? What are the possible consequences if not adhered to by the new house owner? The developer is no longer involved, so can't be chased/penalised.

[Gary Prentice]

Hi

 

Well, the tree can be protected either by a TPO, by virtue of its location in a conservation area, or by planning conditions. If either of the two former then you should know the process and it will be quite easy to apply/notify. If the later...

 

It's not unusual to protect trees by way of planning conditions and entirely appropriate, See S197 TCPA 1990. Having said that if a tree is worth keeping then it should be TPO'd. At the end of the day it all depends on the wording of the condition. Does the condition relate to new planting, or retained trees. Does the condition require you to get consent for pruning felling etc. of retained trees. Is the condition time limited, some aren't. One might suggest that such an unlimited time condition is not appropriate, even unenforceable after a few years. So read the conditions carefully.

 

Quite often if you make an enquiry about a tree to ascertain its protected status you might find out about TPO and CA status, but not if it's subject to a planning condition. Make sure your enquiry is clear. That's where the answer lies.

 

If it's not TPO'd, not in a conservation area, and not protected by a condition then you can get on with whatever it is you want to do.

 

Policed/enforced by whom? The LPA

 

What are the possible consequences if not adhered to by the new house owner? The planninmg permission would be invalid. Prosecution for breach of condition, a criminal record, a fine etc. unconsented development, a lot of hassel. Possibly.

 

The developer is no longer involved, so can't be chased/penalised. Not their problem. The planning permission, and all the conditions attached to it, go with the land, and whoever from time to time is the owner of the land.

 

There's huge disparity about the information we can get across the six or seven LA's I regularly deal with.

 

Some have no online information, whatsoever, some have websites that I have to change my internet settings to access and even then I don't think include S106 information.

 

Our own LPA took all the CA maps off their site a few years ago, never had TPOs at all, but the staff are very efficient when you phone up (when the IT is actually working!), but there's always an awkward silence if you request info on S106. I don't think they actually have access to that information.

 

One authority PO who answers queries only works two day a week, enquiries (phone and email) usually take a fortnight or more to garner a response - if I'm lucky.

 

One major city MBC website has been threatening to put its TPO addresses on the interactive map for the last twelve months. I still foolishly try the internet site in the vain hope it's been done everytime I need to search.

 

Still, I believe that legally all the information will have to be online by 2021:lol: judging from some of the conversations I've had, I'm the only one who appears to be aware of it within some LAs.

 

I'm not complaining, the front line staff are cheerful, pleasant and do their best to help and answer enquiries, it is what it is, but will it improve. Personally I don't see where the budget is going to come from.