Felling & Clearing Sites

[Brett]

And there was me thinking ...they do all the ground work drainage , sewers , footings , bases , put in all the water and gas and electric services , first and second fixings build em up and top em off , then land scape and then ooo we better get all them trees out ........

 

They bloody well do do this and it winds me right up! I've been on the same site 4 times knocking out trees as different stages of the development progress. mus'nay winge though, get paid for 4 separate jobs.

[lawranced1]

Any Eco impacts? Such as Bats, Slow worms etc? An ecological survey may throw up some restraints. Remember it is your responsibility to make/take actions to protect any European protected species from injury or damage to their habitats.

[Stubby]

They bloody well do do this and it winds me right up! I've been on the same site 4 times knocking out trees as different stages of the development progress. mus'nay winge though, get paid for 4 separate jobs.

 

Yea . I kinda thought it would have happened just as i finished posting that ! HO hum

[daltontrees]

Sorry, I don't understand. Are you saying that trees can come down without the need for a felling license because the site is in the Development Plan and therefore has deemed planning consent? If that is what you are saying, it doesn't seem to be backed up (in my reading) of the Forestry Act. The exemption for development applies only if there is current consent granted.QUOTE]

 

And further more, presumably, it has to be full/detailed consent rather than 'outline' consent...or at least that's my interpretation.

 

Paul

 

Fair question. The Act says exemption is where felling "is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning [Acts]". I think the "immediately" must be interepreted as for detailed consent since outline consent would never authorise the immediate start of development.

[Gary Prentice]

 

Fair question. The Act says exemption is where felling "is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning [Acts]". I think the "immediately" must be interepreted as for detailed consent since outline consent would never authorise the immediate start of development.

 

That's my understanding too.

[LeeWill]

 

Fair question. The Act says exemption is where felling "is immediately required for the purpose of carrying out development authorised by planning permission granted or deemed to be granted under the Town and Country Planning [Acts]". I think the "immediately" must be interepreted as for detailed consent since outline consent would never authorise the immediate start of development.

 

So it didn't mean I could get in there immediately and start cutting?

[daltontrees]

Ha ha, nice try!

 

Seriously though I think the 'immediately' thing is also to make sure that trees aren't removed before it is necessary, in case they are felled early on in the development just to get them out of the way and then the development gets abandoned for whatever reason. The result would be unnecessary loss of trees, which is 90% of what the Forestry Commission is there to avoid.

 

It is a moot point but one could say that even with planning permission in place but with actual development not yet programmed in and no 'critical path' (immediate) need for tree removal it could still be an offence under the the Forestry Act to remove trees.

 

I am probably labouring the point (but it is helping me understand and remember the distinction) that planning permission doesn't exempt you. You are exempt if you have planning permission AND development is imminent. My interpretation of course, but I would be happy to hear other interpretations.

[Gary Prentice]

 

I am probably labouring the point (but it is helping me understand and remember the distinction) that planning permission doesn't exempt you. You are exempt if you have planning permission AND development is imminent. My interpretation of course, but I would be happy to hear other interpretations.

 

I suppose the real question, or the first question, is when does the planning permission become applied.

 

You may have planning consent, subject to conditions, such as details of hard/soft landscaping being submitted and agreed.You know that condition will be agreed, in one form or another, but does the exemption become applicable prior to the agreement?

 

I know that most sites cart on, whilst minor points of agreement are sorted out but....

 

I may seem to be wandering from the point, the Forestry Act itself, but they are interlinked.

[aspenarb]

And by the time everyone has finished messing about another contractor would have been in there done the job and sent the invoice in. The developers we work for want every site flattened period, they wont have a tree dictate the layout of any site they own. On one site in particular it was checked for tpo`s and restrictions late on a friday afternoon , we were in on the saturday and dropped 300 trees. Its a crap way of working trying to clear up a bomb site but the stakes are high with development land.. I have seen one developer spend upwards of £180,000 to re stock a garden with trees and shrubs, in fact he planted more than we took out.

 

Bob

[daltontrees]

I suppose the real question, or the first question, is when does the planning permission become applied.

 

You may have planning consent, subject to conditions, such as details of hard/soft landscaping being submitted and agreed.You know that condition will be agreed, in one form or another, but does the exemption become applicable prior to the agreement?

 

I know that most sites cart on, whilst minor points of agreement are sorted out but....

 

I may seem to be wandering from the point, the Forestry Act itself, but they are interlinked.

 

I would think that if the conditions do not relate to or affect trees then the consent is valid for immediate implementation. However, it is common for consent conditions to say things like 'no work will commence until details of brick colour is submitted and approved by the LPA'. If there is such a condition that says 'no work will commence until a scheme of replanting has been submitted and approved by the LPA' then the situation is clear and no trees can be removed. It is usually clear from reading the consent and conditions which ones hold up development and which ones hold up completion and which ones prevent specific tree removal.

 

In my experience it's not even that clear though. As is well known, except in TPO or CA sites the developer can clear the site of trees before making a planning application. That is perfectly lawful (although a felling license may be required). If you have applied for consent, there is no more legal reason for not clearing the site while you are waiting for the planning consent to come through. However, the LPA would be deeply irritated, not helping the applicant's case. There may have been trees that the Council was considering having retained by conditions or by TPO, yet they get removed during deliberations. Expect substantial tree planting conditions to follow.

 

Back to the point already suggested by me, if there is any impediment to getting started immediately, such as suspensive planning conditions, the Felling License exemption does not yet apply.