Replacement Planting in Conservation Areas

[Gary Prentice]

I put a 5 day notice in for a sycamore with fairly advanced Kretz. A copy of a email from the TO to the Planning Officer, says he definitely has no objection to felling, but goes on with details of replanting.

 

I understand that there is no replanting condition normally in a CA. in that there is no TPO, but seem to think the LPA can condition replanting for a dead tree.

 

Am I right on this? And to go on, can they condition replanting for a dangerous tree?

 

If I'd served a 211 notice, waited six weeks for the go ahead because obviously they wouldn't TPO the tree, I don't believe replanting could be conditioned in.

 

[treequip]

The old bluffer up to his tricks again?

 

Just ignore the replacement part. If and when they ask about it, ask them what legislation they are going to use to enforce it

[Gary Prentice]

The old bluffer up to his tricks again?

 

Just ignore the replacement part. If and when they ask about it, ask them what legislation they are going to use to enforce it

 

No, not local. Maybe not all TO's are that conversant with the legislation as they could be?

[Amelanchier]

S213 of the TCPA 1990 (as amended) obliges the landowner to plant a replacement tree for removals under exemptions. As far as I recall that can be enforced by a tree replacement notice under s207...

 

A bit backwards but there you go.

[Gary Prentice]

So if I'd submitted a normal 211 notification, without claiming the exemption, there wouldn't be any condition to replant?

 

Purely academic interest, as I've been trying to get the architect on board for some new trees on the scheme anyway. Thanks Tony, that's cleared that up.

[Amelanchier]

So if I'd submitted a normal 211 notification, without claiming the exemption, there wouldn't be any condition to replant?

 

Yep. It does seem a bit daft but then of course the only purpose of that part of the legislation is to allow the LPA a chance to TPO something - they can't do that if the tree is exempt so the law obliges the replacement thereby letting them get their chance in the future...!

[Gary Prentice]

:thumbup::thumbup: