How to get what you want in a conservation area

[AHPP]

I'm getting approached for more principal contracting so had better start to learn this kind of thing. Looked at a job the other day. Two acre garden in a nice village for nice people (£££). Conservation area.

 

Trees are spread around half the garden. 1. A clump of softwoods, couple of nice ones, one 2' DBH, mostly multi leyland/lawson. 2. A boundary with a couple of small oaks, one poorly, one not, a couple of hollies and some scrub. 3. Some kind of yellowy specimen lawson. 4. A mess of a willow. 5. A pair of stikas or some other kind of christmas tree. He wants it all down. There's nothing really, really nice but there is a good amount of it. About fifteen trees and a load of scrub. It'll make the place look different.

 

I'm not doing it dodgy. I'm aware of people having got away with tree work in the village that wasn't 211 notified but that was much less work and much better hidden. This is pretty visible, there's plenty of it, there could be a parish councillor behind every blade of grass.

 

How do I get him what he wants? Is there any merit to 211 notifying bit-by-bit? He's an incomer and he's wanting to do some house extending etc too. People will be suspicious of him.

[Pete Mctree]

If it could be a little contentious, I break it down. The thing to remember is that if a tree is not worthy of a TPO then you can do what you want - I have successfully applied for the topping of trees as they were of minimal amenity value.

Assess what is of value and work backwards to determine what you can do - what is your relationship with the TO like?

[Mark J]

I know of people who have successfully used this avenue:
https://assets.publishing.service.gov.uk/media/64b54e2d0ea2cb000d15e3e5/FC_Tree_Felling_4_July_23_WEB.pdf

A replanting proposal may be required.

Edited Friday at 21:33 by Mark J

[JLA1990]

43 minutes ago, Mark J said:

I know of people who have successfully used this avenue:
https://assets.publishing.service.gov.uk/media/64b54e2d0ea2cb000d15e3e5/FC_Tree_Felling_4_July_23_WEB.pdf

A replanting proposal may be required.

Offset with native planting always goes down a treat imo

[Chris at eden]

10 hours ago, Mark J said:

I know of people who have successfully used this avenue:
https://assets.publishing.service.gov.uk/media/64b54e2d0ea2cb000d15e3e5/FC_Tree_Felling_4_July_23_WEB.pdf

A replanting proposal may be required.

You can’t use the felling licence route as trees in gardens are exempt.   Plus the FC wound consult the LPA anyway if it was a CA. 
 

[Chris at eden]

11 hours ago, AHPP said:

I'm getting approached for more principal contracting so had better start to learn this kind of thing. Looked at a job the other day. Two acre garden in a nice village for nice people (£££). Conservation area.

 

Trees are spread around half the garden. 1. A clump of softwoods, couple of nice ones, one 2' DBH, mostly multi leyland/lawson. 2. A boundary with a couple of small oaks, one poorly, one not, a couple of hollies and some scrub. 3. Some kind of yellowy specimen lawson. 4. A mess of a willow. 5. A pair of stikas or some other kind of christmas tree. He wants it all down. There's nothing really, really nice but there is a good amount of it. About fifteen trees and a load of scrub. It'll make the place look different.

 

I'm not doing it dodgy. I'm aware of people having got away with tree work in the village that wasn't 211 notified but that was much less work and much better hidden. This is pretty visible, there's plenty of it, there could be a parish councillor behind every blade of grass.

 

How do I get him what he wants? Is there any merit to 211 notifying bit-by-bit? He's an incomer and he's wanting to do some house extending etc too. People will be suspicious of him.

The bit at a time probably isn’t a bad idea. As someone else said the LPA shouldn’t really be putting a TPO on low quality tree.  But if you are removing a lot of trees that could have a bigger cumulative impact on visual amenity and they could consider using the group designation. 

[Mark J]

14 minutes ago, Chris at eden said:

You can’t use the felling licence route as trees in gardens are exempt.   Plus the FC wound consult the LPA anyway if it was a CA. 
 

I have seen the felling license route work for large estates with large gardens (woodlands?) on several occasions. 

[AHPP]

Mark, can you explain what you mean by the felling licence route please. I skimmed the doc you linked last night. That and odds and sods I think I already know suggest it's that you apply for a felling licence that, if granted, overrides any conservation area (and maybe TPO or specific planning permission conditions) restrictions. You do this even though the garden I'm talking about is within a domestic curtilage and would normally be exempt from needing a felling licence, even if I went over the x cube per quarter (where x is a number I've forgotten). Have I got it?

Edited Saturday at 11:49 by AHPP

[tree-fancier123]

36 minutes ago, AHPP said:

I skimmed the doc you linked last night.

you shouldn't have skimmed it, it's 28 pages, not 280 pages, quite clearly says 5 cube a quarter or more you need a licence, any conservation area needs to be declared, the FC will then contact the LPA for an opinion before issuing a licence.

What I couldn't follow is CGs point above about trees in gardens being exempt from needing a felling licence.

Some big properties, say a 2 or 3 acre garden, if it's not in a conservation area, surely you can't just clear fell say 20 cube worth of trees at once if someone wants a golf course on the back lawns with no felling licence?

Is there a reference/link for this exemption? I know you can go over 5 cube a quarter with pollarding etc, but what about felling?

Edited Saturday at 10:55 by tree-fancier123

[openspaceman]

46 minutes ago, tree-fancier123 said:

surely you can't just clear fell say 20 cube worth of trees at once if someone wants a golf course on the back lawns with no felling licence?

Why not? If it is within the curtilage of a dwelling it is exempt. You may have to debate where a garden  becomes a woodland but if it has been maintained for the amenity and enjoyment of a household it is a garden.