Trees overhanging from a CA

[kevinjohnsonmbe]

1 minute ago, kevinjohnsonmbe said:

 

 

 

No requirement for consent to have work done to tree(s) within a CA by, or on behalf of, the LA.

 

The example given may not apply to the OPs post unless it is the LA, or an agent of the LA doing the work...

Tree Preservation Orders and trees in conservation areas - GOV.UK

WWW.GOV.UK

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Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas.

 

[dumper]

Interesting, when I caught them in the garden the toys came out of the pram and it wasn’t pleasant I refused them permission to collect their ropes and the chainsaw went over the wall at speed 

the arb officer came around next day , I don’t know where he got it from but the conservation area he explained was a box inside the lines drawn, outside of the lines no conservation area 

[Dan Maynard]

I just can't imagine why they thought it was ok to come into your garden without asking? Is there any type of work they do where that is ok?

[dumper]

To get to my house from the neighbour means a walk of 6-800 metres they assumed ok to put ladder over wall ,there was a misunderstanding between departments as to who was contacting me, the attitude of the arborist just finished me off 

they intended to cut and leave the branches in my garden, the t/o got the short straw to apologise and collect rest of the tools 

[Ledburyjosh]

2 hours ago, kevinjohnsonmbe said:

 

 

 

No requirement for consent to have work done to tree(s) within a CA by, or on behalf of, the LA.

 

The example given may not apply to the OPs post unless it is the LA, or an agent of the LA doing the work...

This job does not involve the LA in any way.

 

Its something that I've never dealt with before nor heard about any cases of.

I can see arguments for both the tree is in a CA so therefore the tree in its entirety is covered. 

I can also see that the CA boundary is a definitive line, anything outside of that area is not covered by CA, including over hanging branches. 

[Stubby]

2 minutes ago, StephenMews said:

This job does not involve the LA in any way.

 

Its something that I've never dealt with before nor heard about any cases of.

I can see arguments for both the tree is in a CA so therefore the tree in its entirety is covered. 

I can also see that the CA boundary is a definitive line, anything outside of that area is not covered by CA, including over hanging branches. 

Yes but even if the whole tree is  "covered"  as you say,  you do not need to apply , just inform . Wait the 6 weeks and if nothing get on with it .

[Excels1or]

Anyone got any solid proof that after 6 weeks with no word from the LA then you're good to crack on? I've heard that the 6 weeks is guidance only, and that they can extend as they see fit

[Puffingbilly413]

25 minutes ago, Excels1or said:

Anyone got any solid proof that after 6 weeks with no word from the LA then you're good to crack on? I've heard that the 6 weeks is guidance only, and that they can extend as they see fit

Yep - section 211 of the Town and Country Planning Act 1990 (in England).

[Dan Maynard]

I have always used the dates which get recorded on the open planning system as the accounts for the weekend, bank holiday, full moon, tides, festivals etc. Not seen any get extended, the end date is set when it get validated at the beginning.

[AA Teccie (Paul)]

13 hours ago, Excels1or said:

Anyone got any solid proof that after 6 weeks with no word from the LA then you're good to crack on? I've heard that the 6 weeks is guidance only, and that they can extend as they see fit

From the .gov.uk website: 

Tree Preservation Orders and trees in conservation areas - GOV.UK

WWW.GOV.UK

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Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas.

 

What about trees in a conservation area that are not protected by a Tree Preservation Order?

Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. These provisions require people to notify the local planning authority, using a ‘section 211 notice’, 6 weeks before carrying out certain work on such trees, unless an exception applies. The work may go ahead before the end of the 6 week period if the local planning authority gives consent. This notice period gives the authority an opportunity to consider whether to make an Order on the tree.

Paragraph: 116 Reference ID: 36-116-20140306

Revision date: 06 03 2014