felling trees in a conservation area.

[andrew t]

Hi does anyone now if you need to re plant a felled tree in a conservation ar:thumbup:ea.cheers

[Jesse]

Hi does anyone now if you need to re plant a felled tree in a conservation ar:thumbup:ea.cheers

 

If a tree in a conservation area is removed in contravention of a section 211there is a duty to replant, the same applies if it is removed because of the 3D's The LPA do have the power to dispense with the duty or enforce by serving a tree replacement notice under section 207 of the act:thumbup1:

[Jesse]

If a tree in a conservation area is removed in contravention of a section 211there is a duty to replant, the same applies if it is removed because of the 3D's The LPA do have the power to dispense with the duty or enforce by serving a tree replacement notice under section 207 of the act:thumbup1:

 

A" section 211 notice" is your application to the LPA to carry out the work,(6 weeks notice of intent ) if you did not need to submit an application due to the size of the trees being removed, then there is no requirement to replant. There are other exemptions to the 211 notice.

[Jesse]

A" section 211 notice" is your application to the LPA to carry out the work,(6 weeks notice of intent ) if you did not need to submit an application due to the size of the trees being removed, then there is no requirement to replant. There are other exemptions to the 211 notice.

 

Its best to contact you own LPA Tree officer to clarify you issues , just ring him or better still email that way you will have a record of your conversation and keep it safe, filed with any invoices for work with that client for future reference.

[treequip]

A" section 211 notice" is your notification to the LPA to carry out the work,(6 weeks notice of intent ) if you did not need to submit an application due to the size of the trees being removed, then there is no requirement to replant. There are other exemptions to the 211 notice.

 

 

Fixed that for ya:thumbup1:

[skyhuck]

My under standing is that they cannot make you replant trees removed after a notification , where the council don't prevent the felling with aTPO. In fact I have one LA TPO some tree's I had given notice on and then allowed me to fell , after application, just so they could legally enforce and protect the replanting.

Edited May 16, 2012 by skyhuck

[Jesse]

My under standing is that they cannot make you replant trees removed after a notification , where the council don't prevent the felling with aTPO. In fact I have one LA TPO some tree's I had given notice on and then allowed me to fell , after application, just so they could legally enforce and protect the replanting.

 

Ref 9.14 TPO's A guide to the law and good practice:thumbup1: but i would suggest that not all TO's enforce the issue, complaints would more commonly be raised by local residents, PC's or local ,eagle eyed , Tree wardens, but its always good practice to replant if the space will permit or if not, in a more suitable location on the owners land. I have worked with LPA officers on issues and know that things which some people think the LPA have over looked or forgotten can come back and bite them on the bum.

[andrew t]

Cheers for all the info following the advice about the 3ds i will replant for the client who we are working for we have removed a silver birch with photo evidence with LPA approval and will replant but the client is keen on having a acer pseudoplatanus brilliantisimo thats probably spelt wrong sorry .The other tree is a prunus persadii with a goblet shaped crown included bark and phellinus tuberculosos and we have been asked to apply for this to be felled !!!! .How keen are they to replant the same species.Sorry again about my spelling

[skyhuck]

Ref 9.14 TPO's A guide to the law and good practice:thumbup1: but i would suggest that not all TO's enforce the issue, complaints would more commonly be raised by local residents, PC's or local ,eagle eyed , Tree wardens, but its always good practice to replant if the space will permit or if not, in a more suitable location on the owners land. I have worked with LPA officers on issues and know that things which some people think the LPA have over looked or forgotten can come back and bite them on the bum.

 

 

Chapter 9

Trees in Conservation Areas

 

They will come again, the leaf and the flower, to arise

From squalor of rottenness into the old splendour,

And magical scents to a wondering memory bring;

The same glory, to shine upon different eyes.

Earth cares for her own ruins, naught for ours.

Nothing is certain, only the certain spring.

 

Laurence Binyon, from The Burning of the Leaves

 

Conservation Areas

 

9.1 The law relating to conservation areas is in Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990. Conservation areas are areas of special architectural or historical interest the character or appearance of which it is desirable to preserve or enhance. They are designated by LPAs and are often, though not always, centred around listed buildings. Other buildings and landscape features, including trees, may also contribute to the special character of a conservation area.

 

Trees in Conservation Areas: Section 211 Notices

 

9.2 Trees in conservation areas which are already protected by a TPO are subject to the normal TPO controls. But the Town and Country Planning Act 1990 also makes special provision for trees in conservation areas which are not the subject of a TPO. Under section 211 anyone proposing to cut down or carry out work on a tree in a conservation area is required to give the LPA six weeks' prior notice (a 'section 211 notice'). The purpose of this requirement is to give the LPA an opportunity to consider whether a TPO should be made in respect of the tree.

 

Exemptions

 

9.3 Exemptions from the requirement to give a section 211 notice are set out in the 1999 Regulations.109 You do not have to give the LPA six weeks' notice:

 

(1) for cutting down trees in accordance with a felling licence granted by the Forestry Commission or a plan of operations approved by the Commission under one of their grant schemes,

 

(2) for work which is exempt from the requirement to apply for consent under a TPO (for more details see Chapter 6 of this Guide),110

 

(3) for work carried out by, or on behalf of, the LPA (ie the Council as a whole and not just its planning department),

 

(4) for work on a tree with a diameter not exceeding 75 millimetres (or 100 millimetres if cutting down trees to improve the growth of other trees, ie thinning operations).111

 

 

No mention of replanting or any privation for the LA to insist on any replacement.

[Jesse]

 

Chapter 9

Trees in Conservation Areas

 

They will come again, the leaf and the flower, to arise

From squalor of rottenness into the old splendour,

And magical scents to a wondering memory bring;

The same glory, to shine upon different eyes.

Earth cares for her own ruins, naught for ours.

Nothing is certain, only the certain spring.

 

Laurence Binyon, from The Burning of the Leaves

 

Conservation Areas

 

9.1 The law relating to conservation areas is in Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990. Conservation areas are areas of special architectural or historical interest the character or appearance of which it is desirable to preserve or enhance. They are designated by LPAs and are often, though not always, centred around listed buildings. Other buildings and landscape features, including trees, may also contribute to the special character of a conservation area.

 

Trees in Conservation Areas: Section 211 Notices

 

9.2 Trees in conservation areas which are already protected by a TPO are subject to the normal TPO controls. But the Town and Country Planning Act 1990 also makes special provision for trees in conservation areas which are not the subject of a TPO. Under section 211 anyone proposing to cut down or carry out work on a tree in a conservation area is required to give the LPA six weeks' prior notice (a 'section 211 notice'). The purpose of this requirement is to give the LPA an opportunity to consider whether a TPO should be made in respect of the tree.

 

Exemptions

 

9.3 Exemptions from the requirement to give a section 211 notice are set out in the 1999 Regulations.109 You do not have to give the LPA six weeks' notice:

 

(1) for cutting down trees in accordance with a felling licence granted by the Forestry Commission or a plan of operations approved by the Commission under one of their grant schemes,

 

(2) for work which is exempt from the requirement to apply for consent under a TPO (for more details see Chapter 6 of this Guide),110

 

(3) for work carried out by, or on behalf of, the LPA (ie the Council as a whole and not just its planning department),

 

(4) for work on a tree with a diameter not exceeding 75 millimetres (or 100 millimetres if cutting down trees to improve the growth of other trees, ie thinning operations).111

 

 

No mention of replanting or any privation for the LA to insist on any replacement.

I thought it was fairly clear in 9.14 Replacement of trees: Enforcement, our TO always wants to know whats going back in when you submit an application , I think its something that needs to be clarified with your own local tree officer , yes all of the above as it states but what is your interpretation of 9.14 ? also ref 11.10 I am correct me thinks you will find:thumbup1: