felling prior to planning application

[Dendrophile]

Hi all, 

 

I've just priced some 5837 reporting work but the potential client has asked whether he can just fell three trees on his property that would otherwise be effected by a building extension and not have to deal with the whole 5837 process. Assuming I am right in thinking that there is nothing to stop him doing this (no TPO, not of a size needing a felling license) I was just wondering how others have responded in similar situations. Obviously it's not an action I would advise him to take. 

 

Cheers

 

Rob

[kevinjohnsonmbe]

Given your login name, its possible that your dendrophilia (n. a paraphilia characterised by sexual attraction to trees. The person may have actual sexual contact with trees, may venerate them as phallic symbols, or both. Also called dendrophily) may exceed your chrematism.  

 

Either way, it sounds like you've got bigger issues than client behaviour 😯

[Khriss]

Seem to recall this... 

 

'The preservation of existing trees is a material consideration in the planning process, whether they are subject to existing statutory protection or not. Whilst trees may affect the development potential of some sites, in many cases they can be successfully integrated into new development schemes, adding to the overall value of a development.'

 

Wondering abt yr client.    K

[Khriss]

( tho Kev provided a more interesting answer) 

[Dendrophile]

Great, thanks

[Paul in the woods]

54 minutes ago, Khriss said:

Seem to recall this... 

 

'The preservation of existing trees is a material consideration in the planning process, whether they are subject to existing statutory protection or not. Whilst trees may affect the development potential of some sites, in many cases they can be successfully integrated into new development schemes, adding to the overall value of a development.'

 

How does that work then? As far as I know, if there's nothing stopping you from felling the tress (no TPO etc) then there's nothing stopping you from felling before submitting plans is there? After all it could well be cheaper than obtaining reports and then, perhaps, taking steps to protect the trees.

[openspaceman]

24 minutes ago, Paul in the woods said:

How does that work then? As far as I know, if there's nothing stopping you from felling the tress (no TPO etc) then there's nothing stopping you from felling before submitting plans is there? After all it could well be cheaper than obtaining reports and then, perhaps, taking steps to protect the trees.

That's my view too if it's a residential property just extending a house, I'm not so sanguine about turning a piece of land into an eyesore just to blackmail the LA into granting permission to develop.

[kevinjohnsonmbe]

1 hour ago, Khriss said:

Seem to recall this... 

 

'The preservation of existing trees is a material consideration in the planning process, whether they are subject to existing statutory protection or not. Whilst trees may affect the development potential of some sites, in many cases they can be successfully integrated into new development schemes, adding to the overall value of a development.'

 

Wondering abt yr client.    K

I'd suggest the 'planning process' in the context as quoted - the part where the LPA gets involved - starts when the application is submitted and the obligation under s197 rests squarely with the LPA - not the applicant.

 

Does the arb agent owe a duty of professional obligation to the LPA or to the client? (rhetorical obvs)

[Dendrophile]

56 minutes ago, Paul in the woods said:

How does that work then? As far as I know, if there's nothing stopping you from felling the tress (no TPO etc) then there's nothing stopping you from felling before submitting plans is there? After all it could well be cheaper than obtaining reports and then, perhaps, taking steps to protect the trees.

exactly

[kevinjohnsonmbe]

56 minutes ago, Paul in the woods said:

How does that work then? As far as I know, if there's nothing stopping you from felling the tress (no TPO etc) then there's nothing stopping you from felling before submitting plans is there? After all it could well be cheaper than obtaining reports and then, perhaps, taking steps to protect the trees.

Or after for that matter.  It only gets a bit sketchy if you start changing the situation after approval - unless in accordance with the submitted plans.