TPO trees on development sites...

[sloth]

Hi all, a hopefully quick and clear cut one, but would appreciate your thoughts nonetheless.

In relation to already protected trees on a development site...

 

''Any works to trees still require the submission of a separate application to undertake works to the trees.''

 

So, do protected trees require a seperate TPO app for works needed to implement a full planning consent, or is the approved AIA/AMS etc with tree works detailed/listed enough by itself?

 

Cheers in advance...

[skyhuck]

Hi all, a hopefully quick and clear cut one, but would appreciate your thoughts nonetheless.

In relation to already protected trees on a development site...

 

''Any works to trees still require the submission of a separate application to undertake works to the trees.''

 

So, do protected trees require a seperate TPO app for works needed to implement a full planning consent, or is the approved AIA/AMS etc with tree works detailed/listed enough by itself?

 

Cheers in advance...

 

My understanding would be that if the work for which planing consent has been granted cannot go ahead with the tree work being done and it was clear this tree work need to be done when the planning application was submitted, then no further consent is required.

 

Basically full planing consent trumps a TPO.

[kevinjohnsonmbe]

If the trees subject to TPO are included in the AIA/AMS, AND the planning consent is granted (and not conditioned otherwise), then works necessary to implement the plan are sanctioned by the planning decision (assuming it's an approval)

 

That would be my starting point.

 

watching to see if there's a sneaky sub-clause that someone knows about now.... 👀

[sloth]

My thoughts too, was starting to doubt myself as the LA rep seemed to be sure of himself, and that this was how they did it. Didn't want to make a fool of myself by insisting I've never been asked to subit a TPO app along with the TPP/AMS etc, it's normally just conditioned that it should be approved and followed, ime.

Also in this particular instance the AIA and tree removal plans etc are only for an outline app, to show the feasibility of the only possible access route to site (under, among other things, a TPO lime, quite a nice one actually!), and they are requesting a TPO app to accomany this - the development may not even go ahead, perhaps they planned to condition the TPO app to only be executed in the event of full planning permission, maybe?. Odd, thought I...

Edited May 21, 2017 by sloth
2 year old 'helping'

[Paul Barton]

I don't think outline consent trumps a TPO. But I will check.

 

 

Sent from my iPhone using Arbtalk

[sloth]

I appreciate that outline consent does not trump a TPO, but would you really submit an app to remove/work on trees which would only need to be followed through with in the event of full permission being granted and carried out? I guess it would have to be conditioned as 'only applicable in the event of full permission being granted', otherwise there could be unnecessary /wasteful tree felling. Potentially a lot of pointless TPO apps with each layout design change though!

Is that normal procedure with outline apps? It's the first outline app I've had to write an AIA for...

[kevinjohnsonmbe]

🏈 hospital pass!

 

You didn't say it was outline!

 

"...for works needed to implement a full planning consent..."

 

🤔😊🙂

[Gary Prentice]

I don't think outline consent trumps a TPO. But I will check.

 

 

Sent from my iPhone using Arbtalk

 

It doesn't. Only full planning consent.

 

 

EDIT: That'll teach me to read ALL the posts before posting.

[sloth]

I did say that didn't I! It's my understanding that not many outline apps require (or are asked for) a tree survey. I think it is an oddity in this case that several trees (including one TPOd) are in the access, so regardless of the rest of the sites potential these trees could make or break the homeowners ideas for development. So, with that in mind I'll rephrase my original question!

 

Should an app for works to a TPOd tree be submitted with an outline planning application, even if the tree works/felling/installation of cellular confinement system driveways over RPAs etc would only be relevant and desired in the event of a full app being consented?

 

An odd situation really. Outline could be approved and then full denied if it's deemed the arb impacts are too significant (change of TO, and opinion, between outline and full being applied for, for example). I guess applying for any necessary works with a TPO app would secure that scenario, though outline consent is generally valid for 3 years and TPO work consent for 2; hence my questioning earlier on conditioning TPO consent. Is there any official guidance on this situation?

Hmmm...

[Gary Prentice]

 

Should an app for works to a TPOd tree be submitted with an outline planning application, even if the tree works/felling/installation of cellular confinement system driveways over RPAs etc would only be relevant and desired in the event of a full app being consented?

 

..

 

If the application for outline planning consent contains sufficient detail to inform the feasibility of the design, wouldn't or shouldn't that be enough?

 

It consent is given, in outline, no tree works could be carried out until full planning consent (with conditions) was in hand.

 

Sorry if I'm missing something, but I don't see why anyone's asking for a tree works app at present? Would or should a PA give consent for tree works based on a development that may or may not go ahead?