How to get what you want in a conservation area

[openspaceman]

14 minutes ago, Mark J said:

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

No

[Mark J]

5 hours ago, openspaceman said:

No

Why did they even turn up then? It seems like a grey area to me. I am sure you were in the right, but why would they doubt that? 

[openspaceman]

2 hours ago, Mark J said:

Why did they even turn up then? It seems like a grey area to me. I am sure you were in the right, but why would they doubt that? 

I expect they had to, in view of the complaint.

 

I'm not so sure I would have got away with it if it had gone to court as the drive could well have fallen outside the definition of a garden. My defence would have been because the grassy bits between the trees were mown and maintained. As I said earlier it comes down to what the judge accepts is within the curtilage of a dwelling  and I'm not sure where that definition of a garden comes from, I don't think it is in the 1967 forestry act.

[Mark J]

1 minute ago, openspaceman said:

I expect they had to, in view of the complaint.

 

I'm not so sure I would have got away with it if it had gone to court as the drive could well have fallen outside the definition of a garden. My defence would have been because the grassy bits between the trees were mown and maintained. As I said earlier it comes down to what the judge accepts is within the curtilage of a dwelling  and I'm not sure where that definition of a garden comes from, I don't think it is in the 1967 forestry act.

Aye, large estates have 'gardens' that us mere mortals would consider to be woodlands, where is the line drawn?

 

[Stere]

Quote

If it is within the curtilage of a dwelling it is exempt.

 

Does this include trees that are the  boundary hedge of a garden along a pulbic highway?

[AHPP]

Any more thoughts on the piecemeal vs oner approach?

[Mark Bolam]

I’d just put a notification in for the whole lot in a oner.

I personally wouldn’t involve the FC, that could just add another level of bother.

 

I never try and justify anything for arboricultural reasons either.

I’m not qualified to do this anyway.

 

If they really want to TPO a load of crappy conifers I doubt you would have won whatever route you took.

[AHPP]

Right. I'm going to make a normal 211 notice for doing them in a oner (no felling licence - domestic curtilage, probably under volume anyway - see no legal advantage to doing so either).

 

Next question: What needs to be on the 211 notice for it to be effective? Maps, photos, sizes, species, reasons etc. I don't want to give them anything more than necessary. And how does the six week period work if I submit a satisfactory (by what standard?) notice but they want to ask questions? Does the submission date get moved to when I've appeased their cunnt whining or is it as simple as they have six weeks to TPO or not?

[Mark Bolam]

Maps, photos, sketch plan, species, size.

 

Don’t go down the rabbit hole of reasons.

 

Not sure on the second part tbh.

[AHPP]

Does anyone demand acknowledgement that the notice is satisfactorily detailed immediately as it is submitted? The downside being that they’d have to actually look at it.