Planning advice, protected tree on a building site has died.

[Clutchy]

The tree is not subject to a TPO or within a conservation area but has been listed as a retained tree on a BS 5837:2012 survey. 

 

The tree has died from natural causes, looks like draught and is a silver Birch. 

 

Client wants to fell and grind, happy to replant with another (8-10cm standard jobby). 

 

Who do I speak to to get this consent, or does it even need mentioning (I suspect it does). These houses are worth quite a few mil so need to get it right. 

 

TIA 

[jfc]

I'd get the clientscarchitect to deal with it. 

 Planning dept should give you the ok to remove it but let them sort it out. 

[donnk]

you dont need consent, it will be in the planning decision that any landscaping must be 'maintained' for a minimum of 5 years. dead shit replanted etc.

 

It all can be safely ignored as utter nonsense. 

[daltontrees]

14 hours ago, donnk said:

you dont need consent, it will be in the planning decision that any landscaping must be 'maintained' for a minimum of 5 years. dead shit replanted etc.

 

It all can be safely ignored as utter nonsense. 

That's a bit reckless! There's no such thing as a standard planning decision. Besides, this question relates to an existing tree which it has been decided must be retained and possibly protected. It wouldn't come within the remit of a landscaping plan or condition.

Would you honestly advise a client or customer who doesn't want any comeback that "It all can be safely ignored as utter nonsense"?

[daltontrees]

On 05/10/2022 at 15:07, Clutchy said:

The tree is not subject to a TPO or within a conservation area but has been listed as a retained tree on a BS 5837:2012 survey. 

 

The tree has died from natural causes, looks like draught and is a silver Birch. 

 

Client wants to fell and grind, happy to replant with another (8-10cm standard jobby). 

 

Who do I speak to to get this consent, or does it even need mentioning (I suspect it does). These houses are worth quite a few mil so need to get it right. 

 

TIA 

If the construction is all finished then in principle the conditions relating to retention and protection of trees has no further effect and it can be dealt with like any other dead tree, but it would make sense to check the planning conditions an also (before removal) take notes and photos that will be able to show later that it died naturally rather than because of breach of planning conditions. It can do no harm to let the planning authority know too. They'll probably be too shocked that somebody is being open with them to do anything.

That said, there is in effect no penalty for breaching tree protection conditions.

Edited October 7, 2022 by daltontrees

[Clutchy]

Hi, the site has not finished yet. @daltontrees I would be inclined to agree normally but this site is worth circa 18 million and the council will try and extract value through fines I believe if not done correctly. I think I need to protect my client as much as poss. 

 

Just incase anyone was interested. I have contacted the individual planning person from the council relevant to this site (found on planning search). Here is the convo thus far: 

 

Quote

Hoping for a little advice here if you would be so kind.

 

At the above address there is a Silver Birch (see attached picture) that died early in the year, likely due to the drought we had, as have a number of Silver Birch in the area.

 

As the tree is dead, it does need to be taken down before we have any structural fears. Given it was a retained tree on the BS 5837 survey, client is more than happy to replant with a 10-12cm dbh standard form Silver Birch, 2.5-3m height.

 

Is there anything further I need to do to inform you of such actions? Thank you so much for your time.

 

The response: 

 

Quote

Thanks for your email. I’ve emailed one of our tree officers to ask if they would be satisfied with your suggestion. If this is agreed, I’ll take a look at whether this needs to be formally agreed via a non-material amendment or something similar.

 

 

So guess we will see.