Conservation refusal!

[redmoosefaction]

Hi,

 

Just a quick one. I put in an application to fell a tree in a conservation area. The 'application was refused' but no TPO put on it. Can I still go ahead with felling as I understood that the only way to refuse the works is to put a TPO on a tree

[WorcsWuss]

Hi,

 

Just a quick one. I put in an application to fell a tree in a conservation area. The 'application was refused' but no TPO put on it. Can I still go ahead with felling as I understood that the only way to refuse the works is to put a TPO on a tree

 

That's how I understood it when I was talking to a TO recently....

[Quercus-90]

Only experience I have on a conservation site was a job where trees were to be cleared/cut back for building work. T.O's word was leave the natives.

 

As you say, I believe the only way to prevent work to a particular tree is by placing a TPO on it.

 

 

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[redmoosefaction]

If we can get it to 5 yay's then I'm going for it. Please, if you think I can't do it for any legal reason then please say.

[18 stoner]

Fell!

 

 

 

 

 

 

Quickly

 

 

 

.

[sloth]

Hi,

 

Just a quick one. I put in an application to fell a tree in a conservation area. The 'application was refused' but no TPO put on it. Can I still go ahead with felling as I understood that the only way to refuse the works is to put a TPO on a tree

 

Odd one. I believe you should have notified the lpa (or in other words told them) what you want to do; rather than applying to do what you want (ie. asking if you can do it).

After notifying them what you will be doing in 6 weeks time the only way to 'refuse' (or stop) the work is to serve a TPO. This situation is odd as they have replied to you within the time limit (I presume) and let you know they are not happy with the work, but have not protected the tree. Perhaps they are buying time to serve a TPO, or simply cocked up. I reckon you would be ok to fell it (they would struggle to/not bother to prosecute) but would bd in their bad books in future! Best bet is call and speak to the TO for a chat...

[Ian Leach]

I would ask the reason for refusal, personally I wouldn't as I've known people to get fined for removing trees in an conservation area. But that might be just because there Shite hot in my area . (lots of nosey busy bodies) and voluntary tree wardens

 

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Edited April 29, 2013 by Ian Leach

[treebloke]

Hi,

 

Just a quick one. I put in an application to fell a tree in a conservation area. The 'application was refused' but no TPO put on it. Can I still go ahead with felling as I understood that the only way to refuse the works is to put a TPO on a tree

 

Your application should have been a notification, has it run the 6 weeks or are they refusing it because they need more information.

 

Do you have a letter from the LPA saying they have accepted your initial 'application' which will be when the 6 weeks start.

[redmoosefaction]

Odd one. I believe you should have notified the lpa (or in other words told them) what you want to do; rather than applying to do what you want (ie. asking if you can do it).

After notifying them what you will be doing in 6 weeks time the only way to 'refuse' (or stop) the work is to serve a TPO. This situation is odd as they have replied to you within the time limit (I presume) and let you know they are not happy with the work, but have not protected the tree. Perhaps they are buying time to serve a TPO, or simply cocked up. I reckon you would be ok to fell it (they would struggle to/not bother to prosecute) but would bd in their bad books in future! Best bet is call and speak to the TO for a chat...

 

The tree is bulging a basement wall in a very small front garden. In other words you can't fix it unless you remove the tree. I did state this as the reason for removal and I have given them plenty of time to get a TPO on it (4 months). I'm going to take loads of photos as evidence, and I' going to work very fast. As to talking to TO's, well they haven't put a TPO on so why should I. it's more a point of law.

[redmoosefaction]

Your application should have been a notification, has it run the 6 weeks or are they refusing it because they need more information.

 

Do you have a letter from the LPA saying they have accepted your initial 'application' which will be when the 6 weeks start.

 

It's all online, on the councils website!