Any come back against local authority?

[AA Teccie (Paul)]

Planning conditions are an ideal tool to retain trees/hedges/hedgerows etc., and usually located around the perimeter of a development site, whilst the construction process takes place, i.e. as a screen / buffer, and to soften the visual impact for a (short) period of time.

 

It is generally accepted (I believe) they would be difficult to enforce after 5 years, and definitely after 10 years, dependent upon the wording to some extent...and perhaps what they were protecting, and perhaps on the will of the LPA to pursue action if breached.

 

As is quite rightly stated, unless Conservation Area applies, the appropriate mechanism for long term 'tree' retention is the TPO.

 

Just mi'ten'penneth FWIW.

 

Cheers,

Paul

[Mark Bolam]

The problem I've encountered Paul is that when I've been asked to fell a tree I've done the usual CA and TPO checks and nothing has shown up.

If the customer either doesn't know about the planning condition, or doesn't want to tell me I have zero visibility.

 

For the record I have felled a few and precisely nothing has happened.

[AA Teccie (Paul)]

The problem I've encountered Paul is that when I've been asked to fell a tree I've done the usual CA and TPO checks and nothing has shown up.

If the customer either doesn't know about the planning condition, or doesn't want to tell me I have zero visibility.

 

For the record I have felled a few and precisely nothing has happened.

 

Hmmm, 'reasonably' (whatever that really means...which of courses changes dependent which side of it you are) if you have made CA/TPO checks with the LPA and they've given the all clear then I would crack on. Any subsequent 'pc' issues would be for the LPA to consider...but would they really???

 

Cheers,

Paul

[Rich Rule]

We turned up to do a tree years ago.

 

No tpo or CA restraints. All ready to crack on and a neighbour came out and said he would take the issue further if we touched the tree. Apparently as consent was given for the extension the neighbours kicked up a stink and the tree had to stay and it was written into some legal documents or other. Sorry I ddon't not have the details but the guy showed the documents and we left the job.

 

The new home owner was totally unaware of these constraints. Never did find out how it turned out.

 

(I am sure I mentioned this issue a couple of pages ago.)

[AA Teccie (Paul)]

We turned up to do a tree years ago.

 

No tpo or CA restraints. All ready to crack on and a neighbour came out and said he would take the issue further if we touched the tree. Apparently as consent was given for the extension the neighbours kicked up a stink and the tree had to stay and it was written into some legal documents or other. Sorry I ddon't not have the details but the guy showed the documents and we left the job.

 

The new home owner was totally unaware of these constraints. Never did find out how it turned out.

 

(I am sure I mentioned this issue a couple of pages ago.)

 

A restrictive covenant perhaps? (this is not a LPA issue but a private legal issue.)

 

Paul

[Mick Dempsey]

Over 15 years ago I went to look at a HC in a back garden that was pretty big, spanning 3 gardens.

 

Guy wanted it out, TO said no, only light reduction etc. He got some consultant in, appealed it, won, tree got taken out.

 

If you've got the money......

[treequip]

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

 

This..............

[Cuttup]

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.

 

Thanks again for comments. I do not have all of this information hence the reason I haven't supplied it. As it so goes, the tree is owned by the person who owns the property on the same land (garden) in central Scotland.

 

Incidentally, you have come to the root of the problem (for me) as if there are no restrictions other than some people from the council verbally saying 'you can't touch that tree' then I don't see what authority that carries.

 

As mentioned the building/planning stage of the process seems like the logical place to start. I hadn't considered that until I read comments on here - so thanks for those who have made constructive suggestions.

[Mark Bolam]

You could always check the planning consent on line. Or you could ask the planning department, email, phone call. It's called due diligence. Should the LPA take umbrage I doubt the excuses used would carry much weight. You know a planning condition could protect a tree, you checked for TPO's and CA status, so why not for planning conditions.

 

 

 

But like the others have said, if it's worth keeping it's worth a TPO.

 

 

I do check online, and there's nothing there. I'm not going down the whole Hercule Poirot route every time I'm asked to fell a tree.

I make an exception for decent specimens, mind.

 

 

Sent from my iPhone using Arbtalk

[daltontrees]

Thanks again for comments. I do not have all of this information hence the reason I haven't supplied it. As it so goes, the tree is owned by the person who owns the property on the same land (garden) in central Scotland.

 

Incidentally, you have come to the root of the problem (for me) as if there are no restrictions other than some people from the council verbally saying 'you can't touch that tree' then I don't see what authority that carries.

 

As mentioned the building/planning stage of the process seems like the logical place to start. I hadn't considered that until I read comments on here - so thanks for those who have made constructive suggestions.

 

OK. The reason I asked where it is that 99% of what goes on here on Arbtalk seems to follow England and english tree law. In Scotland the law is substantially the same but there are some subtle and some not so subtle differences in law and government policy and appeals procedures and so forth. Worth noting if the advice you are proposing to give is anything but broad-brush, as a well designed strategy based on Arbland law can sometimes unravel in Scotland.