Problems with planning

[davey_b]

We're starting on a barn conversion in Scotland and we're having some issues with trees. We have about a third of an acre at the side that is currently a mix of some broadleaf and pines. They are of various ages with some nice mature broadleaves and some pines of rotation age. We have been granted planning permission but one of the conditions was that we get permission to remove trees. We asked to remove trees and were asked to get a tree survey done. Got that done and it said that we should keep 6 trees but the rest were of rotation age or not in a good state.

 

Planning wanted a landscaping scheme done so we talked to the council tree specialist who was very helpful and we came up with a planting scheme. It was basically native broadleaf round the outside and 2m spaced native broadleaf covering half the area. This was agreed with the council tree specialist and submitted to planning. Planning department says there's not enough trees and then talk to council guy. He now says that he thought we were going to plant up the whole area. I'm not sure if there really was a mis-understanding or if he's been leaned on.

 

They want us to put 60 - 90cm whips at 2m spacing over the whole area. This seems a bit strange since that would be a lot more trees than we are going to take out and we don't just want a field of wee saplings. I've been told that because it's "woodland" it has to stay that way.

 

Just looking for some thoughts on this and if there is anything we can do.

 

Thanks

 

 

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[janey]

... We have been granted planning permission....

 

FULL or just OUTLINE permission?

[davey_b]

Full

 

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[janey]

If you have been given full consent, then it should be absolutely clear, black and white, what it is you have been given permission for. Any conditions should be totally clear as well. At this stage, there should be no further negotiations about the conditions as that should have been dealt with before full consent was granted.

 

If it was me, I'd arrange a site meeting with your case officer and the TO to get their agreement on how to proceed, minute the meeting and the send them an email of your notes and ask for an aknowledgement.

[davey_b]

It just said that we need to get written permission from planning before removing any trees.

 

Our tree survey has said 34 out of the 40 trees on site should be removed. If we say we will replace these with 34 native broadleaf surely they can't demand we do more than that?

[Bundle 2]

Sounds a bit vague...I would say you haven't got the planning permission you thought you had ?

[Justme]

Sounds a bit vague...I would say you haven't got the planning permission you thought you had ?

 

 

 

Not at all. He has full planning subject to some conditions being met.

 

Do you need to remove any to actually do the build? If not do the build & wait for a year or two & then get a cutting licence to do the trees you want to remove.

[Bundle 2]

Exactly...if planning want landscaped scheme ( should the build be subject to the post permission approval from planning and not be possible without their removal) I would say they do not have the permission they thought they had ( Not that they have no permission- there is a difference if you read the text?)

" do the build & wait for a year or two & then get a cutting licence to do the trees you want to remove. "---you could do this and then come unstuck as the condition for removal is dependant on planning, not the FC...they seem to have left themselves a loophole requiring their signing off before removal of trees. If the OP is literally right, planning are not happy to do this....

Id want it in black & white..what permission grants and all conditions. Not good practice what you looking at there. I hope it works out for ya'.... Janey's advice would seem more pragmatic and most likely to procure some discourse towards a solution that is agreed and certain.

[davey_b]

We don't need to remove many trees to do the build, maybe 5 - 10 smaller ones. I have 2 questions if we do this.

 

1. How many trees and what size can they demand we replant?

 

2. Are we bound forevermore to ask planning if we want to do something to a tree or are we ok after it's signed off?

[janey]

Were the tree removals part of the original planning application that you submitted? If yes, then if you have full permission as you say, then the details will be included in that.

 

If not, and your request for their removal,is subsequent to the original plan, then so much depends on whether you're in a Conservation Area, if the trees have a protection order on the and if so, what type...

 

Talk with your Council people!