Planning for an extension in a TPO Area

[commonsense]

I've just had planning refused for an extension due to a tree within a TPO Area and would be interested in views.

 

My arboriculturist argued that the tree in question, a Monterey Pine, is in decline and argued that due to its age and condition according to BS5837 its useful remaining life is less than 20years and it should be removed. It is estimated to be about 120 years old and has a stem diameter of 1.2m at 1.5m above ground level which creates a Tree Protection Zone of 14.4m.

 

There is currently a garage 5m from the tree which I propose to remove.

 

I have two options:-

1. To challenge the council's decision, or;

2. To replan the extension.

 

If I replan the extension, is the tree protection absolutely sacrosanct for normal foundations - i.e. building 12.5m from the tree? I am aware of overcoming issues by using mini piled foundations with ventilation for the roots but dont know whether council tree officers have flexible foresight?

[Bundle 2]

"If I replan the extension, is the tree protection absolutely sacrosanct for normal foundations - i.e. building 12.5m from the tree? I am aware of overcoming issues by using mini piled foundations with ventilation for the roots but dont know whether council tree officers have flexible foresight? "

Have faith mate...Planning are duty bound to consider the proposal...failure to do so would lead to a challenge imo.

As for BS5837, the classification of trees is both the weakness and great strength of the standard. I am not atall surprised to learn of a difference of opinion. Your consultant needs to argue more effectively by having as specific evidence as he can obtain with regards the trees SULE and amenity value. If you challenge now, you waste the lesson learned with regards to "perceived" value of the tree ( I haven't seen it). Redress this issue in design and you stand a better chance of both Planning Permission, and/or a successful challenge.

Get a second opinion about the tree's value if you are seriously miffed at this decision.

[Bundle 2]

"There is currently a garage 5m from the tree which I propose to remove...."

What , if anything has the consultant made of the garage in respect the tree's "decline" ?

Also, with respect the proposed improvement to the tree's rpa by the removal of the garage currently in situ?

 

BTW...140 yrs for a Monterey seems a bit slim!

[Bundle 2]

"is the tree protection absolutely sacrosanct for normal foundations"

As a general rule, the RPA ( Root Protection Area) is calculated as you have described. Most professional arborists will recognise that rooting architecture can, and is affected by factors that lead to an area populated by roots quite different to a circle originating at the stem and with a fixed radius.

You could try trial pits within the proposed construction zone to determine the extent of the rooting architecture within your proposed build- (You will need permission as it is TPO'd)

It may of course not be necessary if there is an obvious history that describes the root distribution. ( eg walls, drains, etc)

 

HTH

Edited September 21, 2010 by Bundle 2

[Amelanchier]

I have two options:-

1. To challenge the council's decision, or;

2. To replan the extension.

 

or;

3. Make an application under the TPO to fell the tree...

 

If you are considering option 2. why not draft a informal proposal and request comments from the tree officer?

[arb culture]

There is considerable difference between one LPA and the next when it comes to trees.

 

Whichever LPA it is though, your arb consultant should be able and willing to discuss your proposals with the LPA (assuming the LPA is also willing to discuss).

 

At 12.5m from the tree the proposed garage doesn't sound like it should cause problems, but without seeing the proposals it is impossible to say - there are so many issues to consider, not just root protection.

 

Have you approached your arb about this, and if so, what did they advise?

[Giles Hill]

There seem to be 2 issues:

 

1. The condition of the tree - if the tree is presenting a hazard, rather than just getting old, removal under a TPO application should be appropriate. On the other hand, applying to remove a large mature TPO tree on the basis of a BS5837 development report may be hard to justify particularly if no reasoning for the decline is suggested, or the reasoning is vague. Some trees seem to go into decline for a while, then recover.

 

2. Building in proximity to a TPO tree: If your building is 12.5m away then there should be scope to justify the development, either on the basis of a minor incursion into the RPA supported by a method statement, or by altering the shape of the RPA - see para 5.2.3 and 5.2.4 of BS5837:

 

-The RPA can be offset by up to 20% for trees in in open ground situations

-Consider barriers to root growth such as the garage, also is the area to be developed compacted ground? Areas adjacent to buildings are often more compacted than other parts of the garden.

-BS5837 states the Area needs to be Equivalent to an area calculated from a radial measurement, not that it needs to be a circle - you could calculate the RPA for your tree as a square with 25.5m sides.

The point is, that at the distance you are building from and given it is only on one side of the tree, it should (in most instances) be possible to demonstrate that an adequate area can be protected.