Tree removal before pre-commencement conditions are discharged

[Liquidambar]

I live next door to a woodland site in a conservation area with planning permission for a residential development subject to about a dozen pre-commencement conditions- the owner has started removing trees approved for removal under the planning permission but before discharging the pre-commencement conditions - is removing trees approved for removal by a planning permission but before discharging pre-commencement regarded as commencement of development?

[Liquidambar]

The permission was for a 60 -bed residential care home and close care houses - the council landscape team OKd removal of 35 trees and 27 groups of trees before discharge of all pre-commencement conditions as "site clearance" - council planning enforcement says the clear felling isn't commencement of development. The new owner now wants to build just ordinary houses -says they cleared the site of trees so they could do a better topographical survey.

We feel conned out of trees and care home.

[daltontrees]

Not enough info. The felling before discharging pre-commencement conditions could be a breach of Conservation Area controls AND a breach of Felling License rules.

 

It is logicaly not possible to claim that carrying out works to implement a consent, while not having authority to commence development yet, is commencement of development. Don't need to be  a fancy lawyer to work that one out.

 

The question is whether the permission would not have been granted had it not been for the specific care home use. That could be complicated, but care homes don't come under housing land supply so the rationale for housing development could be substantially harder to prove i.e. shouln't assume housing will be permitted.

 

It comes down to this. Were the approved tree losses only acceptable because of the specific social and other benefits of the care home?