Trees on land adjacent to development sites

[kevinjohnsonmbe]

Hi

 

Trees are a material consideration in determining planning applications. There are a couple of questions on the planning application form, often erroneously answered, about trees. In short; are there any trees on the site and; are there any trees adjacent the site that could influence or be influenced by the development.

 

Trees, on or off site, that could be affected should be given due consideration. In order to do this the developer should supply the relevant information; tree survey, arboricultural implications assessment, method statement and so on as required. An informed and reasoned decision can then be reached on whether or not the benefits of the development outweigh the harm to the trees.

 

After consent is granted if the works are carried out in accordance with the approved plans then fine. If not and a TPO tree is damaged then an offence has been committed. So check the approved plans and conditions attached to the consent notice. Therein will lie the answer as to whether or not an offence has been commited.

 

As mentioned, the forms are not always correctly filled out, but it should still be obvious to the planning case officer when they do a site visit that there are trees. The necessary information can then be aquired and due consideration given to the trees.

 

Most planning authorities when validating planning applications look not just at the development site, but also the neighbouring land for constraints that could impact the development, including TPO's. However, a note of caution. They don't have to check outside the site for tree constraints and only TPO's would show as a tree constraint in the site. So it comes back to the developer correctly filling out the form, and the planning officer identifying that the big thing in the corner that has a trunk, branches and leaves and is poking out of the ground is a tree and needs taking account of.

 

Edward

 

Nice one Edward! That is exactly the point I vaguely alluded to on Friday night on the original thread (but couldn't confirm due to my being in hospital.)

[Gary Prentice]

I, ve seen a few when the applicant has blatantly said no when there has been trees present . If planners invalidated the application when the omission came to light I suspect that it wouldn't occur as frequently

[daltontrees]

Genius!

[Sylvia]

Merry Christmas to all - but especially to Edward C - so many planning applications hereabouts say "I see no trees" - the most recent locally had previously informed the council he intended to remove the trees he later couldn't see and been told he couldn't - even after that in his planning application his agent still said there were no trees.

As far as I can tell neither he nor his agent suffered any penalties.

This is the official line for householder applications?

http://www.planningportal.gov.uk/uploads/appPDF/Help001_england_en.pdf

Edited December 24, 2013 by Sylvia

[Sylvia]

http://www.planningportal.gov.uk/uploads/appPDF/Help001_england_en.pdf

 

7. Trees and Hedges

Please mark on a scaled plan the

position of all trees and hedges on

your own property and those on

adjoining land which are within falling distance of your proposed development (i.e. where the

distance from the development to the trees and hedges is less than (or equal to) their height). This

should include all trees and hedges that are within falling distance of any trenches or foundations

that you propose to dig as

part of the proposal.

This information will help us consider how your pr

oposal might affect these trees and hedges. If you

know what species the trees are, please name them

. Number the ones that you will need to remove

or prune in order to carry out your proposal.

[PLEASE NOTE this is an application for planning perm

ission. It is not an application or notification to

remove or prune protected trees

(i.e. trees which are included in a tree preservation order or

located in a conservation area).

If you are granted full planning permission,

you will not need to obtain separate consent for tree

works which are required to implement the planning permission.

However, works to protected trees

which are not required to implement the planning

permission must be the subject of a separate

application or notification using the tree works form.]

Edited December 24, 2013 by Sylvia

[kevinjohnsonmbe]

http://www.planningportal.gov.uk/uploads/appPDF/Help001_england_en.pdf

 

7. Trees and Hedges

Please mark on a scaled plan the

position of all trees and hedges on

your own property and those on

adjoining land which are within falling distance of your proposed development (i.e. where the

distance from the development to the trees and hedges is less than (or equal to) their height). This

should include all trees and hedges that are within falling distance of any trenches or foundations

that you propose to dig as

part of the proposal.

This information will help us consider how your pr

oposal might affect these trees and hedges. If you

know what species the trees are, please name them

. Number the ones that you will need to remove

or prune in order to carry out your proposal.

[PLEASE NOTE this is an application for planning perm

ission. It is not an application or notification to

remove or prune protected trees

(i.e. trees which are included in a tree preservation order or

located in a conservation area).

If you are granted full planning permission,

you will not need to obtain separate consent for tree

works which are required to implement the planning permission.

However, works to protected trees

which are not required to implement the planning

permission must be the subject of a separate

application or notification using the tree works form.]

 

That's the money shot! We'll done Sylvia!!

[fagus]

It is good but is it good enough. Tis the Householders form which is more explicit than other forms, depends what this particular authorities form said.

 

Here is the relevant bit from a full planning permission form;

( Do we know if a survey was requested ,there is a `may' in there. More relevant is what is the penalty for not completing the form accurately or fully)

 

15. Trees and Hedges

 

Are there trees or hedges on the proposed development site?

And/or: Are there trees or hedges on land adjacent to the

proposed development site that could influence the development or might be important as part of the local landscape character?

If Yes to either or both of the above, you may need to provide a full Tree Survey, at the discretion of your local planning authority. If a Tree Survey is required, this and the accompanying plan should be submitted alongside your application.

 

Your local planning authority should make clear on its website what the survey should contain, in accordance with the current 'BS5837: Trees in relation to

design, demolition and construction .

[kevinjohnsonmbe]

It is good but is it good enough. Tis the Householders form which is more explicit than other forms, depends what this particular authorities form said.

 

Fair one. I don't know and haven't had time to check (and in any case, it would have to be specific to that LA as you say.). I've observed with interest the thread as it's developed.

 

The desire for an academically pure answer to the scenario seems to have far out stripped the OP's original interest in the debate (that's only an assumption since the OP appears to have dropped out - maybe they got what they needed??)

 

I liked your earlier post advocating the "real world" solution would be best achieved by interested parties sitting down and doing that old fashioned thing - talking!

 

I can also see the value in drilling right down to the finer details of who did what to who, who should have done what, who didn't do what they should have done (as far as is possible in this case with limited facts / history / documents etc)

 

It's been a good one!

[fagus]

Yes, I think the bails have been taken off for me as well.

[daltontrees]

It is good but is it good enough. Tis the Householders form which is more explicit than other forms, depends what this particular authorities form said.

 

More relevant is what is the penalty for not completing the form accurately or fully.

 

I have been asking thei s question of planners for two decades, they mostly change the subject. My efforts to find an answer myself have neen inconclusive. But hey, if the penalty for white lies in the application is less than the penalty for wilful damage, the cost-conscious chancer will always go for the former.