Tree in a Conservation Area - development outside

[Nimby]

Morning.

 

Does anyone know the legal side of a situation where a tree in a CA is close to a boundary and development is taking on the adjacent land within the RPA?

 

Does the same apply, AIA for roots and branches? I presume so but need to hang my hat on legislation. 

 

Scouring through the Governments website and having trouble finding any answers. TIA

[Anno]

In my opinion in this case the Cons Area is largelly irrelevant, the TO should be asking for an AIA and possibly method statement anyway, so treat as you would any Application.

Hope that helps.

[daltontrees]

2 hours ago, Nimby said:

Morning.

 

Does anyone know the legal side of a situation where a tree in a CA is close to a boundary and development is taking on the adjacent land within the RPA?

 

Does the same apply, AIA for roots and branches? I presume so but need to hang my hat on legislation. 

 

Scouring through the Governments website and having trouble finding any answers. TIA

It's not clear Are you saying 'development is taking PLACE on the adjacent land'? Are both sides of the boundary in a CA?

[Nimby]

2 hours ago, daltontrees said:

It's not clear Are you saying 'development is taking PLACE on the adjacent land'? Are both sides of the boundary in a CA?

Sorry. The tree is in CA but the development site isn't. I am looking for any relevant legal information from the T&CPA.

 

It's not a big deal as common sense prevails, (AIA because of the potential for impact upon a tree in a CA). I have never come across this before and wonder if a precedent has been set somewhere.