Conservation refusal!

[WorcsWuss]

Was it a section 211 notification you made?

As I understood it when I came up against it recently in Cornwall (Mr Dodds will correct me if I'm wrong) in a conservation area, to fell anything over 150mm diameter (?) at something like 4' from the ground a section 211 notification has to be made, which tells them that you intend to carry out works to a tree in a conservation area.

The TO will visit and look at the tree and if he doesn't want it felled then he issues a notice informing you that the tree is getting a tpo put on it and not to touch it.

If no tpo is placed on the tree then you can do what you like to it.

 

So, was it a 211 notice for a tree in a conservation area ..... or an application to fell a tree covered by an area tpo? Which would explain the 'refusal', and in which case, probably best not to touch it!

[treequip]

In a conservation area you don't apply, you notify. This allows the LA the opportunity to make a TPO in respect of the trees to protect them.

 

They cant refuse the works they can only make an order or do nothing allowing you to carry out the notified works.

 

They can refuse the notification if it is procedurally incorrect but its hard to mess up a 211 notification

[Chunkymunky]

Knock a few bricks out in the basement revealing the root. Lots of pics.

 

Then you want a basic drawing of the site with dimensions and what area of coverage of the garden it gives ( simple circle on the plan).

 

Show the wall to be integral to the structure of the building.

 

Also state clearly that if any collapse occurs because the work is unable to go ahead then legal advice will be sought as the risk of danger to resident is significant.

[skyhuck]

Was it a section 211 notification you made?

As I understood it when I came up against it recently in Cornwall (Mr Dodds will correct me if I'm wrong) in a conservation area, to fell anything over 150mm diameter (?) at something like 4' from the ground a section 211 notification has to be made, which tells them that you intend to carry out works to a tree in a conservation area.

The TO will visit and look at the tree and if he doesn't want it felled then he issues a notice informing you that the tree is getting a tpo put on it and not to touch it.

If no tpo is placed on the tree then you can do what you like to it.

 

So, was it a 211 notice for a tree in a conservation area ..... or an application to fell a tree covered by an area tpo? Which would explain the 'refusal', and in which case, probably best not to touch it!

 

NO, you can only carry out the works you have notified them about, if you notify that you are crown lifting, but then fell, you could be in real trouble.

 

As for the OP, if you notified to fell 6 weeks ago and they have not TPO'd, just get on with the job, they cannot stop you in any way other than TPO.

[oslac]

Your 211 notice can be in the form of a letter. The council have acknowledged it. They have 6 weeks to decide if the tree should be retained, if the council want the tree retained, they must must serve a TPO within the 6 week period.

 

The council cannot approve or refuse the works. Also a 211 notice is not an application under planning and as such the council cannot modify, alter or set conditions.

 

Looks to me that the council has messed up and providing no TPO has been served or the tree is not protected under existing planning conditions (ususally for 5 years) you are free to fell.

[treequip]

NO, you can only carry out the works you have notified them about, if you notify that you are crown lifting, but then fell, you could be in real trouble.

 

As for the OP, if you notified to fell 6 weeks ago and they have not TPO'd, just get on with the job, they cannot stop you in any way other than TPO.

 

As long as the "refusal" wasn't a refusal to accept the notification on the grounds that it wasn't in the correct format. The notification needs to identify the tree and the proposed works, this usually means a schedule of works and a (sheepdog) map dated and preferably the submission recorded.

 

There are some authorities that believe the notification should be on their paperwork, this is not the case but some have tried to refuse to process notifications on those grounds. If that's the case and the notification was otherwise in order it stands.

[Andy Collins]

I had an ash in a similar situation, con area and the garden wall leaned out. Initially from my pics you couldn't tell what the real problem was. I had some neighbours move their cars into camera shot, chose some careful camera angling to make the lean of the wall look as bad as possible, and included them in the notification. Got the required fell without hassles.

[Amelanchier]

NO, you can only carry out the works you have notified them about, if you notify that you are crown lifting, but then fell, you could be in real trouble.

 

As for the OP, if you notified to fell 6 weeks ago and they have not TPO'd, just get on with the job, they cannot stop you in any way other than TPO.

 

Your 211 notice can be in the form of a letter. The council have acknowledged it. They have 6 weeks to decide if the tree should be retained, if the council want the tree retained, they must must serve a TPO within the 6 week period.

 

The council cannot approve or refuse the works. Also a 211 notice is not an application under planning and as such the council cannot modify, alter or set conditions.

 

Looks to me that the council has messed up and providing no TPO has been served or the tree is not protected under existing planning conditions (ususally for 5 years) you are free to fell.

 

As long as the "refusal" wasn't a refusal to accept the notification on the grounds that it wasn't in the correct format. The notification needs to identify the tree and the proposed works, this usually means a schedule of works and a (sheepdog) map dated and preferably the submission recorded.

 

There are some authorities that believe the notification should be on their paperwork, this is not the case but some have tried to refuse to process notifications on those grounds. If that's the case and the notification was otherwise in order it stands.

 

Subject to the caveats presented above - fell it.

[Matt McAulay]

From the experience iv had of conservation areas don't fell you could be fined.

[treequip]

From the experience iv had of conservation areas don't fell you could be fined.

 

Only if you don't do your job properly, its a system, as long as you follow the rules its simple and you don't get prosecuted.