Planning constraints v TPOs.

[Graham]

Wonder if anyone can give an insight into this. No TPO on the tree but was retained in a domestic garden when the house was extended (planning condition)

 

If the tree were to be felled then is the onus on the owner. What would be the likely outcome?

[Amelanchier]

Breach of condition notice and/or enforcement notice.

BOC notice may prevent the client obtaining a certificate of lawful development for the site unitl the breach is dealt with (leading to problems selling the land on). EN normally requires that the deviation from the agreed scheme be rectified - in this case the best that can be reasonably hoped for is a fairly large replacement tree. Failure to comply can lead to prosecution.

[Graham]

Breach of condition notice and/or enforcement notice.

BOC notice may prevent the client obtaining a certificate of lawful development for the site unitl the breach is dealt with (leading to problems selling the land on). EN normally requires that the deviation from the agreed scheme be rectified - in this case the best that can be reasonably hoped for is a fairly large replacement tree. Failure to comply can lead to prosecution.

 

Thank you. Client has today had a meeting with Planning officer and an agreement has been reached. Felling has been agreed and replacement tree to be planted.

[Peter]

Interesting Tony, there are lots of newer properties in East Cambs with trees covered by planning conditions.

 

If the property has been signed off by planning, and sold by developer to owner occupier, what sanctions does the LA have available against breaches of planning condition?