Problems with planning

[davey_b]

Thanks for that Giles, that's helpful.

 

This is the wording of the condition:

 

"That no trees within the application site shall be lopped, topped, pollarded or felled, and no shrubs or hedges shall be removed from the application site without the prior written consent of the Council as Planning Authority."

 

Seems pretty vague to me.

[Giles Hill]

That sounds like a 'standard' condition, rather than one written specifically for your planning permission. I would normally expect it to be followed by something along the lines of this:

 

Any trees, hedgerows or shrubs removed or which die or become dangerous, damaged or diseased before the end of a period of five years after completion of the development hereby approved shall be replaced with new trees, hedging or shrub species (of such size species and in such number and position as maybe agreed in writing), before the end of the first available planting season (1st November to 31st March) following their loss or removal.

 

I would consider applying to have the condition varied as I agree it does appear vague and also appears unduly onerous - on the face of it, it doesn't put any limit on what you need to get permission for removing, so conceivably you would need permission if, for example you plant a small ornamental shrub and then decide to remove it, or if you want to remove a sycamore sapling that has self-seeded in your patio!

 

If you have shown trees to be removed on the drawings that are listed in the planning permission, then you should not need to apply to have these removed.

 

You mentioned that they wanted the site to be planted up - presumably there is another condition relating to this?

 

It might be helpful to take a look at the whole planning permission - it is normally possible to do this on-line if you don't mind letting me have the name of the Local Authority and the planning application number? Feel free to send it by PM if you don't want to put it on here.