Advice re conservation order area

[likeitorlumpit]

Wrong.

 

They are not commercial. If in a garden they need same notification as any other tree, unless being used for commercial benefit.

 

 

Edit; This also applies even for "fruit pruning" if the trees are above the required girth. Contrary to belief.

 

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OK

But if this is the case, could you not just say you sold the fruit. We used to. It supplemented my pocket money when I was younger. I know I'm clutching at straws but would be good to know how much you can or cannot do.

When you live in a conservation area it galls a bit when the council won't allow you to fell a tree that you had planted 20 years earlier. So it's nice to know how far you can bend the rules.

[18 stoner]

Out of interest, have you any references for this? Reading Mynors, with regard to TPO's, the 1999 Model Order relating to fruit trees. (2010 draft has identical wording)

 

Consent is not required for c)"the pruning, in accordance with good horticultural practice, of any tree cultivated for the production of fruit."

 

For felling it is clear that the exemption is only with regard to commercial production, whereas the pruning exemption does not make the distinction.

 

I can't find any clarification with regard to CA's, but would find it surprising that the regulations would be stricter, as it were.

 

The bits in bold are the important bit.

 

Although a bit on the vague side, this in my interpretation is referring to commercial trees.

 

I have pruned (both fruit & reduction pruning) many fruit trees in CA's and always filled in the section 211. At no point has the LA ever pointed out there was no need for notification. On that basis I'd always send a 211, also given the few minutes it takes to do.

[18 stoner]

OK

But if this is the case, could you not just say you sold the fruit. We used to. It supplemented my pocket money when I was younger. I know I'm clutching at straws but would be good to know how much you can or cannot do.

When you live in a conservation area it galls a bit when the council won't allow you to fell a tree that you had planted 20 years earlier. So it's nice to know how far you can bend the rules.

 

Yes.

 

Proving one way or the other though is another thing.

[hazzygawa]

So this 211 form. Can it just be written on headed paper? I need to thin 3 lime trees soon in a con area, can I do this with them?

Do I get a reply, if not how long do I wait b4 I proceed?

 

Sorry for the derail bit it is the first I have heard about a 211 and not the normal tpo/con area paperwork

[Gary Prentice]

So this 211 form. Can it just be written on headed paper? I need to thin 3 lime trees soon in a con area, can I do this with them?

Do I get a reply, if not how long do I wait b4 I proceed?

 

Sorry for the derail bit it is the first I have heard about a 211 and not the normal tpo/con area paperwork

 

The 211 is a notice of intent to carry out tree works in a CA. Unlike an application for a TPO it doesn't have to be on an official application document. Sounds like you've done these before, not knowing what the relevent title was. The LPA have six weeks to agree or serve a TPO. The downloadable form is easy as it ensures you provide all the necessary details.

[likeitorlumpit]

The 211 is a notice of intent to carry out tree works in a CA. Unlike an application for a TPO it doesn't have to be on an official application document. Sounds like you've done these before, not knowing what the relevent title was. The LPA have six weeks to agree or serve a TPO. The downloadable form is easy as it ensures you provide all the necessary details.

 

Is that what they do rather than just suggest a less intrusive prune etc.

[Gary Prentice]

The bits in bold are the important bit.

 

Although a bit on the vague side, this in my interpretation is referring to commercial trees.

 

I have pruned (both fruit & reduction pruning) many fruit trees in CA's and always filled in the section 211. At no point has the LA ever pointed out there was no need for notification. On that basis I'd always send a 211, also given the few minutes it takes to do.

 

LA's are good at getting you to provide un-necessary paperwork. My query was, are the same exemptions applicable in a CA as with a TPO.

 

Mynor seems quite clear that pruning (presumably for fruit) is exempt in any context, commercial and domestic. BUT only commercial growers may fell without application and consent. (When the trees are subject to a TPO)

 

So, is this exemption the same in a CA, in that you may prune, but not fell, domestically.

[detritus21]

Why don't people just use the planning portal site? I use it for pretty much all my applications and notifications using a google map with the tree positions overlayed on it as my sketch map. I can do and submit an application in less than 5 minutes if I'm being efficient. You don't need to waste paper printing stuff off and you don't pay for a stamp.

[Gary Prentice]

Is that what they do rather than just suggest a less intrusive prune etc.

 

They can suggest what they want, if you agree then alls good. If not, they have no alternative other than to serve a TPO. They can use the threat of a TPO, tell you they are going to serve one, but after six weeks if the order hasn't been physically served you can do what you want.

 

I've had this arguement with our LA. the orders being made and is in the legal department. Its fair game after six weeks, but get your dates right. Our LA now deal with my 211's promptly, whereas they used to be a bit lazy and serve orders at eight weeks and later.

[Gary Prentice]

Why don't people just use the planning portal site? I use it for pretty much all my applications and notifications using a google map with the tree positions overlayed on it as my sketch map. I can do and submit an application in less than 5 minutes if I'm being efficient. You don't need to waste paper printing stuff off and you don't pay for a stamp.

 

I'm finding it really difficult to use. It seems to require a lot more information and the two or three attempts that I've had I just ended up quitting.