Conservation area issue

[Matthew Arnold]

We have just applied for and got approval from the district TO to remove 18 trees from a P.O.S (Public Open Space) in the centre of town. We are about to take over the management and the majority of the trees are in very close proximity to a bridge which is only 4 years old and is covered in algae and gets slippery with fallen leaved during the autumn. There is a heavily leaning Grey Poplar next to a small bridge which will need to come out and as its only 18 inches at the base will be easy to drop. There is a Scots Pine see "Heavily leaning Scots Pine" thread which is rumoured for removal. The issue i have seen is the town council TO and many of the town councillors have opposed to the proposed tree works (Read link at bottom) Where do we stand as we work for the local county council but it is a district council site which falls in the town council area. Its all very confusing to me.

 

Council questions need to fell riverside trees | This is Dorset

[RobArb]

Don't worry your little self about it, you do as much as your asked to do, go home an have a cider knowing you've worked hard that day:biggrin:

 

Sent from my Galaxy S2

[Matthew Arnold]

Don't worry your little self about it, you do as much as your asked to do, go home an have a cider knowing you've worked hard that day:biggrin:

 

Sent from my Galaxy S2

 

On MendipLogs (jons) fave drink aka gut rot cider. No bubbles at all and very very cloudy.

[HCR]

"Take over management" What exactly do you mean by this? Sorry to be a pain, bu these things matter.

[RobRainford]

I thought district council had an overriding authority on borough councils?

 

Have they opposed it after the work has been granted?

[oslac]

District Councils and Borough Councils are the same thing. District/Borough Councils have planning powers over town councils. The town council may be a consultee on tree issues but do not have the power of veto in planning matters.

 

However, if the trees are growing on town council land, the town council have the right to prevent anyone from coming onto their land and damaging their trees, whether the District/Borough Council have approved/agreed to the works or not. In fact if someone did enter their land without permission and carried out work which the town council had not agreed to, it may well be a criminal offence. (except for certain hazard/legal dispute situations).

[oslac]

I will add another point.

 

If the trees are growing within the town council area but the land is owned by the District/Borough or County, I would tread very carefully as someone is going to be seriously upset. I suggest you ask your boss to take this issue to your Director (he is a Diplomat after all) and get him to talk to the District/Borough Coucil and town council equivillent to agree a suitable route forward. Don't put yourself in the decision making role as you may end up with the one with egg on their face.

[treequip]

District Councils and Borough Councils are the same thing. District/Borough Councils have planning powers over town councils. The town council may be a consultee on tree issues but do not have the power of veto in planning matters.

 

However, if the trees are growing on town council land, the town council have the right to prevent anyone from coming onto their land and damaging their trees, whether the District/Borough Council have approved/agreed to the works or not. In fact if someone did enter their land without permission and carried out work which the town council had not agreed to, it may well be a criminal offence. (except for certain hazard/legal dispute situations).

 

that's unlikely as it would require a criminal intent

[HCR]

If I've understood this correctly, the district council (North Dorset?) owns the land but for some reason the county council is managing it.

 

What is the nature of the management agreement? This is crucial.

 

The town council is not a local authority, it is simply an interested party. In these sorts of matters they have no legal weight but it would be madness to pretend that they don't exist.

[Matthew Arnold]

If I've understood this correctly, the district council (North Dorset?) owns the land but for some reason the county council is managing it.

 

What is the nature of the management agreement? This is crucial.

 

The town council is not a local authority, it is simply an interested party. In these sorts of matters they have no legal weight but it would be madness to pretend that they don't exist.

 

The district council own the site the county ranger service manage the site under a Service Level Agreement (SLA). Under the SLA we manage the site to the county spec but adapt it to each site. As the site hasnt been managed (only grass cut) the trees are in dire need of work. Only 18 trees are being felled as they are to far gone to be made safe (Kretz on limes, heavily leaning Grey Poplars, Aspens rubbing against 4 year old bridge and a few riverside trees for removal). The rest of the work is removing scrubby collapsing Elders and crown lifting the riverside trees as there is a path and you can barely see the river.