Advice for trees in conservation area

[Dave177]

My clien has two huge pane trees in the front of his property (will try and add some photos), they block all light to the lower two floors of the offices. Both trees are in a conservation area and we requested that the trees be felled and replanted with smaller plane trees that could be pollarded/kept at a manageable height, as the trees are virtually un-molested the tree officer did not want them pollarded.

 

the application was refused and the tree officer came back to me with a pruning spec of 20% thin and removal of all epicormic and said if the customer wasnt happy he would put a TPO on the trees and my client could restart the process but would have a chance of appeal when the request to fell would be refused.

 

My question is how long does the appeal process take and what form does it take and is there any point? if I will just be appealing to teh same tree officer there is no point surley?

[redmoosefaction]

They can't refuse the fell without putting a TPO on the trees, if that helps. Just get them down better to deal with it after they have been felled :-)

[treequip]

They can't refuse the fell without putting a TPO on the trees, if that helps. Just get them down better to deal with it after they have been felled :-)

 

They cant refuse a fell at all, its a notification not an application, If a 211 to fell has been submited the course of action open to the LA is to get the contractor to withdraw the 211 to fell and submit one for the pruning, alternatively they can make a TPO in respect of the trees which will trump any 211 pending.

 

My question is how long does the appeal process take and what form does it take and is there any point? if I will just be appealing to teh same tree officer there is no point surley?

 

The appeals process is independant of the LA but the question you need to ask yourself is, "am I going to win at appeal"? from your description I would say no.

[Dave177]

Thanks so far, hopefully I have attached some pictures. My client wants to down the loosing light route but from what I remember this is not a reason unless the owner enjoyed the light for 15 years prior?

any ideas on the best way to approach this in terms of the appeal? usually Im not bothered about persuing TPO apps etc however in my opinion these trees are a bit on the big side for the property and my client is pulling his hair out!

[treequip]

Forget the right to light, its a non starer.

 

I think you are on a hiding to nothing asking for a felling on the grounds of lack of light.

[mattpete]

do the 20 % thin then. next year put another application in for the next 20% and crown lift to 3m

 

you get 2 jobs out of 1

[Giles Hill]

Given the lack of space, I think you could make a good case for managing them as pollards. I would concentrate on the positive aspects of this form of management - eg traditional form of urban tree management, will suit the appearance of the tree better (it looks like it's outgrown it's space already) the pollard form will be more attractive than a tree with half its canopy lopped off etc. Also if possible refer to any other pollards locally to show that it's in keeping with the surroundings, or just make the point that pollards are a traditional feature of confined urban spaces.

 

Your client would get the light the LA would keep the tree and you'd get future work.

[Giles Hill]

It looks like a reasonable size for a first pollard too - i.e. as opposed to what might be seen as butchering a more mature tree - you'd need to choose a suitable height - 5m or so would be my suggestion and manage the regrowth above that.

[Dave177]

Thanks, Initially I thought pollard however BS3998 states that a pollard cant be initiated on trees over 200mm at pollard height. Is the tree officer likely to allow this?

[Giles Hill]

Looking at the top picture it looks like you can see the stem against the sky, through a gap in the foliage - it looks like you'd be ok cutting it somewhere around there (the bricks in the wall are 215mm long as a guide) - difficult to tell how high that is from a picture, but it looks 'comfotable' you'd need to judge the proposed height on site. I imagine they'd allow a little leeway on the 200mm - they won't go up there with a tape. I mentioned 5m for a pollard height, but go with whatever suits and looks right and allows the tree to contribute a 'mature green' c appearance of the street.

 

Just another thought, the case for pollarding could be further argued as a proactive way of retaining and managing the tree with Massaria on the increase.