Tree planning officer is completely disagreeing with my arborist proposed method for building a driveway

[Watts0001]

Im looking for any advise please - option A - appeal the decision and try to prove my arborist is correct

                                                         - option B  - go down the expensive and potential dead end rabbit hole route the planing officer is requesting.

 

Im looking to build a driveway onto my property to access a new (permission granted) garage.

The garage is for classic car storage/maintenance so will be used infrequently  - the main driveway is to the front of the house (used daily)

The main driveway offers to access to the rear of the house - the garden driveway will allow access to a dead end road (we're the last house in the road)

Theres a scots pine (approx 70cm wide) with a TPO a meter from the the proposed driveway.

A gate was installed approx 40 years ago and i guess used infrequently by the previous owners.

Arborist is saying, dig between the roots with hand tools or air spade, cellular confinement system between the main roots/over, fill with gravel etc. - he obviously went onto a lot more detail  - like 16 pages, trees plots, RPA's etc etc

Tree guy from the council  - hard no, you'll damage the roots.

Tree guy from the council - suggested - GPR scan and alternative proposal required. 

 

Option B = The GPR and a plot for ground screws = £3000 - then trying to build a bridge over the roots, more drawings, applications, no clear solution for joining the bridge to the pathway - its all sounding very expensive with no guarantees.

 

Option A = Appeal the decision - this is one persons view compared to another's - there are potentially 10 houses in less than quarter mile radius with main driveways (black tarmac) right up to the trunks of TPO'd trees.

 

Any thoughts, options or technical solutions very much appreciated.

 

I like the tree, I of course don't want to damage it - but this feels like, if the sun was shining, the wind blowing in a different direction etc,  the proposal might have been approved. 

 

Edited October 22 by Watts0001
updated information

[daltontrees]

I can't understand why digging between the roots and replacing with a CCS will help. That would definitely damage roots and remove rooting volume, albeit small. A CCS would have to go entirely over existing roots and soil.  There will be roots present, GPR will only tell you where they are . You could find that out with an air spade. Any of these investigative methods will not be a solution they will only let you know if a solution is possible.

 

You don't need consent to investigate root distribution, so however you do it you should possibly do it before you re-apply.

 

There's always more to these situations than we are told, but essentially if the application is to build a driveway over a TPO tree roots the Council should not approve it unless it is satisfied that a solution is possible such that it can grant permission subject to realistic conditions. It shouldn't say yes you can have  adriveway but you can't start until you prove to us that no damage will be done to the tree.

 

So an appeal would come down to whether you have provided a workable solution, ideally one that represents industry best practice. Correct me if I'm wrong but it sounds like you don't yet know where the roots are (depth and position) and the solution sounds to me either unsatisfactory or at best dependent on very favourable (and unlikely to be so) root investigations.

 

An appeal should cost nothing, you aren't allowed to provide new information at an appeal, but it will take time and might fail. We only know a fraction of the facts, so can't really advise on whether to appeal. Based on story so far, appeal doesn't sound promising.

 

An appeal would probably take into account that this is not essential access, particularly if the garage has permission that doesn't rely on a new access.

[Steven P]

... or only take the classic cars out mid summer when the lawn is hard and there is no need for a paved drive... A lot of other people would... Council have the last word so might be more inclined to use their suggestion - however you can always phone them up, talk it through with them rather than just what comes via a letter

[County 764]

Build the garage, use as is. It looks like firm ground. Year or so down the line, if you think it needs a more substantial surface just do it, not getting the council involved again...

 

[manco]

im thinking skip the driveway and consider some sort of temp surface. 

metal sheeting or hardened plastic? maybe a woodchip run to spare the root system, im sure such ideas wouldnt need planning permission? (but i dunno ive never done planning for a driveway)

 

[petercb]

Arboricultural Association - New guide to use of cellular confinement systems near trees

WWW.TREES.ORG.UK

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<div class= row > <div class= col-12 col-sm-12 dgreybg > <h4 class= white pl10 pt10 pb10 ><strong>Ben Rose</strong>, Bosky Trees</h4> </div> </div> <div class= col-12 col-sm-6...

 

[daltontrees]

Well, what a waste of time this has been...