How to get what you want in a conservation area

[tree-fancier123]

1 minute ago, openspaceman said:

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.

I was trying  to find where the FC rules say about the garden exemption, can you link to it ? Without it taking up too much time of course

[woody paul]

The only option is probably apply to carry out work, replanting that's going to be done. 

I have had a couple of customers take it that they could apply and get results they want, turned out no. I then put application in and worded it totally different and got better result. 

Headed paper with correct wording go along way. 

[AHPP]

14 hours ago, Pete Mctree said:

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?

 

I've haven't had any dealing with the TO before. I've always had clients do it with me feeding them tech info like species, sizes, diseases etc. I'm open to doing this guy either way, i.e. either he makes the 211 notification with info I give him or I make it on his behalf like a grown up business.

 

Quote

Assess what is of value and work backwards to determine what you can do

I not sure I follow you. Try different words please. I'm currently recovering from a brain injury from just wrangling with the mess that is my dad's old iphone.

[petercb]

16 minutes ago, tree-fancier123 said:

I was trying  to find where the FC rules say about the garden exemption, can you link to it ? Without it taking up too much time of course

From the Forestry Act 1967

Requirement of licence for felling.

(1)A felling licence granted by the [F2appropriate forestry authority] shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

(2)Subsection (1) above does not apply—

(a)to the felling of trees with a diameter not exceeding [F38 centimetres] or, in the case of coppice or underwood, with a diameter not exceeding [F315 centimetres]; or

(b)to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space; or

(c)to the topping or lopping of trees or the trimming or laying of hedges.

[openspaceman]

17 minutes ago, tree-fancier123 said:

I was trying  to find where the FC rules say about the garden exemption, can you link to it ? Without it taking up too much time of course

Forestry act 1967 section 9 subsection 2b:

 

(2)Subsection (1) above does not apply—

(b)to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space;

[openspaceman]

2 minutes ago, petercb said:

From the Forestry Act 1967

Requirement of licence for felling.

(1)A felling licence granted by the [F2appropriate forestry authority] shall be required for the felling of growing trees, except in a case where by or under the following provisions of this Part of this Act this subsection is expressed not to apply.

(2)Subsection (1) above does not apply—

(a)to the felling of trees with a diameter not exceeding [F38 centimetres] or, in the case of coppice or underwood, with a diameter not exceeding [F315 centimetres]; or

(b)to the felling of fruit trees or trees standing or growing on land comprised in an orchard, garden, churchyard or public open space; or

(c)to the topping or lopping of trees or the trimming or laying of hedges.

you beat me

[Mark J]

If you were to plant a woodland in a garden it follows that the land use is now a woodland. If that's the case then you could theoretically thin out the remaining trees. 

[openspaceman]

10 minutes ago, Mark J said:

If you were to plant a woodland in a garden it follows that the land use is now a woodland. If that's the case then you could theoretically thin out the remaining trees. 

I doubt that. It is to do with the prescriptive use of the land, if you cease to maintain a garden, plant it with trees and shut the gate, it becomes a woodland and the forestry act applies.

 

I do have little bits of experience of the problems that arise from this.

 

A large house in Haslemere had been sold off as three separate dwellings with right of access over the shared drive which had been retained by my client, the owner of the main house. I was felling some large oak and a douglas bordering the long drive. One of the other owners complained ( my client should have warned them of the work) and when I carried on they summoned the FC who told me to stop (too late as we had felled what we were to). They then proceeded to measure trees and cordwood. I made it clear I was working in a garden and acknowledged the volume was well over 5m3. The FC officer laughed and I left. I heard no more, had the timber collected and got on with life. Next time I met the FC officer in their offices with other private woodland officers present he said to me I had no sense of humour, he was right.

 

The other was nearer here, a large nursery which had been inherited by an acquaintance who had planted it up with Xmas trees. Over time those that had not sold had grown into second thinning size, although a bit too branchy for sawlogs or bars. He asked me if I would fell them for the timber. I agreed and said I would apply for a felling licence, he declined as he, rightly, thought this would mean a restocking condition. He buldozed the lot into a heap with his case 850 and burned them.

 

Someone did complain to the FC but they did nothing.

[Clutchy]

Top tip for Barnet and north London councils  - never provide pics just submit. They take 14 weeks to respond to TPO enquiries 

 

6 weeks will have passed before they even look at the address for CA apps - they don't even bother responding 

 

I'm very close to becoming the guy who no longer applies for CA apps 

 

Given the number of TPO'd trees I've lost quotes on becuase I don't want to batter the tree, only for it to happen and the tree officer do nothing about it (not actually their fault, planning enforcement rarely has budget for TPO legal proceedings except for developments) 

 

Here's a recent specimen 

[Mark J]

1 hour ago, openspaceman said:

I doubt that. It is to do with the prescriptive use of the land, if you cease to maintain a garden, plant it with trees and shut the gate, it becomes a woodland and the forestry act applies.

 

I do have little bits of experience of the problems that arise from this.

 

A large house in Haslemere had been sold off as three separate dwellings with right of access over the shared drive which had been retained by my client, the owner of the main house. I was felling some large oak and a douglas bordering the long drive. One of the other owners complained ( my client should have warned them of the work) and when I carried on they summoned the FC who told me to stop (too late as we had felled what we were to). They then proceeded to measure trees and cordwood. I made it clear I was working in a garden and acknowledged the volume was well over 5m3. The FC officer laughed and I left. I heard no more, had the timber collected and got on with life. Next time I met the FC officer in their offices with other private woodland officers present he said to me I had no sense of humour, he was right.

 

The other was nearer here, a large nursery which had been inherited by an acquaintance who had planted it up with Xmas trees. Over time those that had not sold had grown into second thinning size, although a bit too branchy for sawlogs or bars. He asked me if I would fell them for the timber. I agreed and said I would apply for a felling licence, he declined as he, rightly, thought this would mean a restocking condition. He buldozed the lot into a heap with his case 850 and burned them.

 

Someone did complain to the FC but they did nothing.

On the first job do you think the FC would have granted you a license if you had applied for one?