urgent help with hedges in a conservation area

[AA Teccie (Paul)]

If the individual stems were greater than 75 mm diameter measured at 1.5 metres above ground level then they would be covered by conservation area rules.

 

...ONLY if what you were measuring were 'trees'! What is a tree then?

 

Blue Book says "But for the purposes of the TPO legislation, the High Court has held that a 'tree' is anything which ordinarily one would call a tree."

 

Would you really call a Laurel hedge a line of trees even if they were over 75mm dia??? I honestly doubt their legal dept / planning enforcement would be prepared to chance it.

 

Sos if this is 'old hat' and 'yawn, yawn time!'

 

Cheers all.

Paul

[Gary Prentice]

...ONLY if what you were measuring were 'trees'! What is a tree then?

 

Blue Book says "But for the purposes of the TPO legislation, the High Court has held that a 'tree' is anything which ordinarily one would call a tree."

 

Would you really call a Laurel hedge a line of trees even if they were over 75mm dia??? I honestly doubt their legal dept / planning enforcement would be prepared to chance it.

 

Sos if this is 'old hat' and 'yawn, yawn time!'

 

Cheers all.

Paul

 

Thats what I said

[theshaker]

Can everyone please be aware that a 10mtr Laurel hedge in any area is quite substantial, but more so in a conservation area! A conservation area is not just about trees! The conservation Act is there to protect the area as a whole such as the wildlife and architecure and some of that architecture includes garden walls that have been constructed in the same period as most of the properties!

 

Back to Laurel! There is no doubt that any responsible tree company who is aware that a Conservation Act is in place would of checked with the local planning dept first before commencing to remove a 10mtr laurel as this would of had a dramatic affect on the area it was removed from!

 

If you are lucky enough to live in a protected area i cannot understand the removal of a hedge that encourages wildlife and is more pleasing to the eye than a woooden fence or brink wall! Most people choose such areas because ofthe beauty that is being conserved. However, if the subject Laurel was causing damage to your property then its a different matter!

 

The answer to you question by the way is yes.....you should of got permission or your tree surgeons who are acting legal agents if they take on the job. Any professional would of simply taken you out of the equation and taken on the council themselves as your legal agent!

 

I hope this helps

[skyhuck]

Can everyone please be aware that a 10mtr Laurel hedge in any area is quite substantial, but more so in a conservation area! A conservation area is not just about trees! The conservation Act is there to protect the area as a whole such as the wildlife and architecure and some of that architecture includes garden walls that have been constructed in the same period as most of the properties!

 

Back to Laurel! There is no doubt that any responsible tree company who is aware that a Conservation Act is in place would of checked with the local planning dept first before commencing to remove a 10mtr laurel as this would of had a dramatic affect on the area it was removed from!

 

If you are lucky enough to live in a protected area i cannot understand the removal of a hedge that encourages wildlife and is more pleasing to the eye than a woooden fence or brink wall! Most people choose such areas because ofthe beauty that is being conserved. However, if the subject Laurel was causing damage to your property then its a different matter!

 

The answer to you question by the way is yes.....you should of got permission or your tree surgeons who are acting legal agents if they take on the job. Any professional would of simply taken you out of the equation and taken on the council themselves as your legal agent!

 

I hope this helps

 

Under what legislation can the LA protect a Laurel hedge?? it cannot be TPO'd.

 

You do not need permission to carry out tree works within a CV, you need to give the council 6 weeks notice.

[theshaker]

There is a planning application process that must be followed and the 6 week rule only comes in force if the planning department do not reply to you within that 6 week window! Then you can take the subject tree down or carry out the work.

 

The application still goes through the same process as the TPO and the same board of people on the committee in the planning Dept!

[skyhuck]

There is a planning application process that must be followed and the 6 week rule only comes in force if the planning department do not reply to you within that 6 week window! Then you can take the subject tree down or carry out the work.

 

The application still goes through the same process as the TPO and the same board of people on the committee in the planning Dept!

 

It is not an application, its a notification, they then have the opportunity to put a TPO on if they feel its warranted, but this can only be done to a tree

 

So I would not make a notification for a hedge or shrub, as they cannot be TPO'd, so there is no point.

[theshaker]

I just like to add what Shyuk was saying is in fact true but lets not fool ourselves! I have worked on the committe board that deals with the conservation and TPO applications and they are both treated as planning applications! I have known on many occasions of the LA refusing work on Laurels and indeed other species of this Height simply because of the immenity value!

 

I still stick by my original post and say that me personally would of gone through the LA for such removal!

[theshaker]

Notification?? Application??? Permissions!!! The LA dont know the difference but we do! Its always better to protect yourself with a simple phone call or fill out the paperwork to keep the LA happy!

 

The conservation act is a minefield as we all know!

[skyhuck]

I just like to add what Shyuk was saying is in fact true but lets not fool ourselves! I have worked on the committe board that deals with the conservation and TPO applications and they are both treated as planning applications! I have known on many occasions of the LA refusing work on Laurels and indeed other species of this Height simply because of the immenity value!

 

I still stick by my original post and say that me personally would of gone through the LA for such removal!

 

HOW???????????

 

They have no power to do this!!!

 

A police officer may hate the colour blue, but he cannot arrest you for wearing blue, as he has no law he can use to enforce his personal preferences.

 

Please tell us what legislation the LA use

to prevent the cutting of a hedge or shrub in a CA.

Edited February 25, 2012 by skyhuck

[theshaker]

The way in which the Regulations apply to individual hedgerows is quite complex. It is advisable to speak to the Councils Arboricultural Officer before you formally seek permission to remove a hedgerow.

 

If the authority decide to prohibit the removal of an 'important' hedgerow, it must let you know within 6 weeks.

 

To qualify as 'important', the hedgerow must be at least 30 years old and at least 20m long (although shorter hedges can be included if linked to other hedgerows) and meet at least one of eight criteria. These relate to the hedgerow's archaeological, historical, wildlife or landscape value.

 

If you remove a hedgerow without permission (whether or not it is important), you may face an unlimited fine. You may also have to replace the hedgerow.