Conservation refusal!

[redmoosefaction]

Annnnnnd.......its gone!

 

I tried a stunt fell and I landed it perfectly then it rolled into a stairwell

[Dave C]

So what was the process start to finish that you went through with the LPA in the end!!!!

[skyhuck]

Talk to your tree officer, don't take any risks.

 

The TO may like you to consult them, giving them powers and control they don't actually have.

 

But there really is no need, simply ring or email the planing department asking what restrictions, if any, there are at the address, if its in a CA, just notify and wait 6 weeks.

 

Its worth considering your client, if you don't follow procedures correctly and allow the planning department to prevent or control works after the 6 week period has passed, you really are letting your client down and possibly adversely affecting the outcome for them, when there really is no need.

[Ropechucka]

In my area if you want to carry out work in a conservation area you have to submit an application stating work to be carried out. It is treated as a planning application for the public to see. If after the 6 week period the council say no then that means no. If you then go ahead and carry out the work regardless they will take proceedings. They do not have to TPO the tree to stop work going ahead. It has to be treated like a planning application. You wouldn,t put plans in for an extension to your house, get refused but build it anyway would you?

[skyhuck]

In my area if you want to carry out work in a conservation area you have to submit an application stating work to be carried out. It is treated as a planning application for the public to see. If after the 6 week period the council say no then that means no. If you then go ahead and carry out the work regardless they will take proceedings. They do not have to TPO the tree to stop work going ahead. It has to be treated like a planning application. You wouldn,t put plans in for an extension to your house, get refused but build it anyway would you?

 

They can't.

[otter]

all what you had to do was ask the right people (council) . dude you have been naughty , up to £4000 fine for that. ive none 2 tree surgeons to get done for felling trees in a con arera.. no means no.

[skyhuck]

all what you had to do was ask the right people (council) . dude you have been naughty , up to £4000 fine for that. ive none 2 tree surgeons to get done for felling trees in a con arera.. no means no.

 

Have you read the whole thread???????

[WorcsWuss]

In my area if you want to carry out work in a conservation area you have to submit an application stating work to be carried out. It is treated as a planning application for the public to see. If after the 6 week period the council say no then that means no. If you then go ahead and carry out the work regardless they will take proceedings. They do not have to TPO the tree to stop work going ahead. It has to be treated like a planning application. You wouldn,t put plans in for an extension to your house, get refused but build it anyway would you?

 

Then your LA (assuming in England) are doing it wrong.

You only 'apply' for a tree with an existing tpo or covered by an area tpo.

Any tree over 3" dbh in a CA needs only to be given the chance (6 weeks) to be protected.

Anything else you can do as you please....

 

Unprotected trees in CA: (from planning portal)

 

Notification of proposed works to trees in conservation areas

 

In conservation areas, notice is required for works to trees that have a trunk diameter of more than 75mm when measured at 1.5m from ground level (or more than 100mm if reducing the number of trees to benefit the growth of other trees).

 

You have to give your local planning authority six weeks’ notice before carrying out work on trees which are located in a conservation area but are not yet the subject of a tree preservation order. This gives the authority an opportunity to consider whether an order should be made to protect the trees.

 

 

When to use this form

You will normally need to contact your local planning authority (LPA) before any work can be carried out on protected trees. The LPA is usually the council to which you pay your Council Tax, but where the tree(s) are in the Broads Authority area or a National Park you should consult the relevant Authority.

Protected trees include those covered by a tree preservation order (TPO) or those which grow in a conservation area. You will need to contact the LPA even if you wish to prune branches overhanging from a neighbour’s protected tree. You should send one copy of the completed form to your LPA.

• TPOs - If you wish to carry out work to trees protected by a TPO you must apply using this form. Your application, and any subsequent appeal, will be decided on the basis of the information you provide now, so it is worth getting it right at the start

• Conservation areas - You must give six weeks' notice before carrying out work to trees in a conservation area that are not protected by a TPO. You may use this form for this purpose or you may send a letter or email, which must still include the information required by the form. This gives the LPA an opportunity to consider whether a TPO should be made to protect the tree(s)

[3dogs]

In my area if you want to carry out work in a conservation area you have to submit an application stating work to be carried out. It is treated as a planning application for the public to see. If after the 6 week period the council say no then that means no. If you then go ahead and carry out the work regardless they will take proceedings. They do not have to TPO the tree to stop work going ahead. It has to be treated like a planning application. You wouldn,t put plans in for an extension to your house, get refused but build it anyway would you?

 

 

I dont believe that there are regional variations in planning legislation!!!

 

It is either a planning application

Or a notification of intended works

 

Regardless of your local area

[Ropechucka]

Then your LA (assuming in England) are doing it wrong.

You only 'apply' for a tree with an existing tpo or covered by an area tpo.

Any tree over 3" dbh in a CA needs only to be given the chance (6 weeks) to be protected.

Anything else you can do as you please....

 

Unprotected trees in CA: (from planning portal)

 

Notification of proposed works to trees in conservation areas

 

In conservation areas, notice is required for works to trees that have a trunk diameter of more than 75mm when measured at 1.5m from ground level (or more than 100mm if reducing the number of trees to benefit the growth of other trees).

 

You have to give your local planning authority six weeks’ notice before carrying out work on trees which are located in a conservation area but are not yet the subject of a tree preservation order. This gives the authority an opportunity to consider whether an order should be made to protect the trees.

 

 

When to use this form

You will normally need to contact your local planning authority (LPA) before any work can be carried out on protected trees. The LPA is usually the council to which you pay your Council Tax, but where the tree(s) are in the Broads Authority area or a National Park you should consult the relevant Authority.

Protected trees include those covered by a tree preservation order (TPO) or those which grow in a conservation area. You will need to contact the LPA even if you wish to prune branches overhanging from a neighbour’s protected tree. You should send one copy of the completed form to your LPA.

• TPOs - If you wish to carry out work to trees protected by a TPO you must apply using this form. Your application, and any subsequent appeal, will be decided on the basis of the information you provide now, so it is worth getting it right at the start

• Conservation areas - You must give six weeks' notice before carrying out work to trees in a conservation area that are not protected by a TPO. You may use this form for this purpose or you may send a letter or email, which must still include the information required by the form. This gives the LPA an opportunity to consider whether a TPO should be made to protect the tree(s)

 

So if you apply for work to a tree in a conservation area that isn't TPO'd and the council refuse the work but don't TPO the tree, you can do what you like anyway?

 

 

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