Any come back against local authority?

[Rich Rule]

I know you are only trying to help.

 

Who in there right mind would build a new extension pushing up to a mature tree? The. Ask to remove it after the extension.

 

I would hazard a guess that there is some form planning constraint regarding the tree that you haven't been informed of.

 

Common sense should dictate to remove the tree before the construction of the extension.

 

If they have been daft enough not to work that out the they should have to live with it if the LA won't allow work on the tree.

[treequip]

Thanks for comments. I am told the tree is not in a conservation area, nor does it have a TPO. Of course, retrospectively, the simplest thing may have been to remove the tree - most of us probably have PhDs in Hindsight.

 

 

So who does the tree belong to??????

 

If its the LA and its not TPO or CA you can muller any overhang without notice, if its in private ownership and not subject to statutory protection you can either muller away or negotiate other works with the owner.

 

So, who owns the tree??????

[Marula]

I agree with the other lads on here, who owns it? Why did the LA come round? And what is the distance between the tree and the building?

 

 

Sent from my iPad using Arbtalk

[daltontrees]

 

Hope this makes the picture a little clearer.

 

Yes but not as clear as if you had answered the rest of the questions. Otherwise, like everyone else will probably conclude, I'd say there seems to be no reason why the tree can't just be removed, if that's what the owner wants.

[Mark Bolam]

I would guess the tree is protected by planning conditions, rather than TPO.

This is pretty common.

[skyhuck]

I would guess the tree is protected by planning conditions, rather than TPO.

This is pretty common.

 

Or the planing department is trying to extend their powers, rather than do the required paper work

 

Rather like one local to me, who put replanting conditions on un-apaused 211 notices and claim listed building status protects the trees within the garden of the listed house

[Gary Prentice]

apparently applying legislation isn't a prerequisite to knowing it unfortunately.

[skyhuck]

apparently applying legislation isn't a prerequisite to knowing it unfortunately.

 

Nah, they know full well, but rely on the ignorance and compliance of the public and the toadying of many professionals:sneaky2:

[Mark Bolam]

I've never understood this 'planning condition' murk personally.

If a tree is worthy of a TPO, put a TPO on it!

[kevinjohnsonmbe]

I would guess the tree is protected by planning conditions, rather than TPO.

 

This is pretty common.

 

 

A planning condition would only apply to the person granted planning consent... 🤔😳😁

 

Options.... 😂

 

(PS. For the pedants (I include myself!) and on sale or transfer of the land, possibly to the new owner)