TPO Justification?

[Paul Cleaver]

Is the property a relatively new build - say in the last 10 yrs or so? If this is the case I can understand the councils feelings on this. Tree there long before there was a house built

[benedmonds]

13 minutes ago, Paul Cleaver said:

Is the property a relatively new build - say in the last 10 yrs or so? If this is the case I can understand the councils feelings on this. Tree there long before there was a house 

The bungalows are at least 20 years old.. But I disagree with your premis .. If trees are thought to be important lpa's should not give planning to biuld close when they are obviously going to become an issue..

Edited June 5, 2019 by benedmonds

[Paul Cleaver]

6 minutes ago, benedmonds said:

The bungalows are at least 20 years old.. But I disagree with your premis .. If trees are thought to be important lpa's should not give planning to biuld close when they are obviously going to become an issue..

fair comment . Is it planning dept initially giving planning permission, then the Tree officer doing his bit? If so there should be some correspondence between the two?

[kevinjohnsonmbe]

2 hours ago, benedmonds said:

But what better reason is there.... It is a healthy tree but in the wrong place. The owner and neighbours want it gone the lpa doesn't. It is down to an opinion and opinions differ..

Doesn’t sound like there are any better Arb related reasons - that’s a sticking point. 

 

But, if nearby neighbours are genuinely of a similar mind (pro-fell) did any of them bother to comment (support) on the planning application? If there is a group of genuinely supportive residents maybe suggest individual comments in support of (original or resubmitted) TPO fell app and lobby parish and ward councillors to similarly submit supportive comments. Presenting tangible community support by actual comments on the application should be taken into the decision process of the Planning Officer - the Tree Officer is a consultee  rather than a decision maker. 

 

A note of caution though, if neighbours / parish / Ward councillors are engaged and they don’t support the application, it could have the opposite effect. 

1 hour ago, Paul Cleaver said:

Is the property a relatively new build - say in the last 10 yrs or so? If this is the case I can understand the councils feelings on this. Tree there long before there was a house built

This is a recurring problem where new build (+/- 40 years) domestic sites are on green field or bound ag land - really common hereabouts. Hedgerow trees (likely previously “maintained” or not considered to be problematic by farmer) when retained at construction of new houses, pretty soon outgrow the postage stamp gardens they overbear. I’m passing daily a local big new build site (former green field) with spindly, overcrowded Syc / Ash hedgerow trees being retained and it’s got “problem in 10 years” written all over it.... ?

[benedmonds]

8 hours ago, kevinjohnsonmbe said:

Presenting tangible community support by actual comments on the application should be taken into the decision process of the Planning Officer - the Tree Officer is a consultee  rather than a decision 

..Should.... I did an appeal for a crappy grey poplar in a community housing group. 12 residents living in this trees shadow with roots lifting the pavement a shoots coming up in half their front gardens. They all came out on mass at the appeal and still the pins inspector upheld the lpa's refusal.   Only one resident from the other side of the estate wanted to keep it.. I despair at the whole TPO process..

[Gary Prentice]

18 hours ago, difflock said:

mute?, moot perhaps

Brain fart! 

[Jon Heuch]

13 hours ago, benedmonds said:

But what better reason is there.... It is a healthy tree but in the wrong place. The owner and neighbours want it gone the lpa doesn't. It is down to an opinion and opinions differ..

So the way to do this is to understand you shouldn't rush to your opinion without first stating the facts on which your opinion is based. It may be bloody obvious to you that it's a case of the wrong tree in the wrong place, but step back:

 

i) measure the garden - width, length; estimate/calculate the area. Take any other structures (sheds, ponds etc) into account.

ii) measure the tree - height crown dimensions - East, West, North and South. Calculate crown area

iii) put ii) on top of i) 

iv) describe the implications of iii)  whether it be shading, dropping branches, leaf fall....possibly gardening is affected by the tree - what can't be done as a result of shade/dry soil etc. Take the relative aspect of tree and house/garden into account - South, North etc

v) describe the condition of the tree and what options are available for its management; possibly recent history may be of significance - whatever has happened.

vi) think of the future - how is the tree likely to grow....or not? what will be affected by such growth? Look at points ii) and iii) again. Is retaining the tree just delaying the inevitable?

vi) neighbours may or may not be affected by the tree?.....not just their opinions, how are they affected?

vii) consider the wider landscape in terms of other trees and what the loss of the tree might mean.

 

When you put all of the above into account you will probably come to a conclusion as to how the tree is best managed....felling may seem to be the best option......but you need to argue your case convincingly not rush to the answer first. The council tree officer may just be of the mood that it's a protected tree and removal of protected trees is against council policies...…..get them to argue their case on your terms - that a large tree in a small garden is acceptable.....and then present that to a planning inspector. If they ignore your argument they allow you to argue in their absence; if they do engage, they will have to make their case just as effectively as you have. Their opinion is worthless without the argument.

[difflock]

.....

Edited June 6, 2019 by difflock

[daltontrees]

What Jon said is basically it. It is always wise to make a TPO application really thorough because it makes an appeal easier and more likely to succeed, then the Council knows it and is more likely to give you a reasonable decision. And remember, the legislation requires the applicant to give reasons for the tree works, which you sort of did but not quite. Also worth remembering that tree risk is a weak argument for TPO consent - if it's a real risk rather than a potential risk, you can deal with it under exception and shouldn't be applying.

In the case you have, I'd re-frame the application, re-apply, get refusal or wait for deeemd refusal (8 weeks) and appeal. It might take a long time but it may be quicker in the end.

Appeals are free, so it shouldn't cost the customer much extra to fill in an appeal form. All you really need for appeal is the form, the application and the refusal notice.

[Gary Prentice]

And on the plus side, I read yesterday that PINs are advertising for Arb inspectors.