lime tree preventing new build.

[graham pick]

Can anyone on here help.we are about to be refused for the second time on our identical application for the same reason.Impact of tree that future occupants would put pressure to remove the tree.We have a common lime tree on the grass verge outsie our property that's been there for 60 years with a tpo on it.We have spent £1000s on consultants and arb report and even a sunlight and shading programme.Landscapes who are refusing have produced nothing only their opinion.My next door neighbour is vice chairman of the parish council.We had no planning or highway issues only the tree.Should I contact my MP as I feel that someone independent of us both should take a view on this.We thought that by getting all these reports we had overcome this issues,the tree does not require removal or any work and we get full sun from 10 am any the council say we will be heavily shaded.Thanks if you can give me any advice.

[TGB]

I thought shade no longer had anything to do with planning application.

[Stubby]

Can anyone on here help.we are about to be refused for the second time on our identical application for the same reason.Impact of tree that future occupants would put pressure to remove the tree.We have a common lime tree on the grass verge outsie our property that's been there for 60 years with a tpo on it.We have spent £1000s on consultants and arb report and even a sunlight and shading programme.Landscapes who are refusing have produced nothing only their opinion.My next door neighbour is vice chairman of the parish council.We had no planning or highway issues only the tree.Should I contact my MP as I feel that someone independent of us both should take a view on this.We thought that by getting all these reports we had overcome this issues,the tree does not require removal or any work and we get full sun from 10 am any the council say we will be heavily shaded.Thanks if you can give me any advice.

 

I have read this twice and I still can't determine if you are campaigning to have the tree removed or are trying to stop it from being removed ? ....

[oslac]

Have you considered the services of a planning consultant. Although arb consultants can produce all the information needed in relation to the tree, you probably need someone who knows how the planning system works and can navigate a clear route through.

 

If you are concerned about impartiality of the planning service or think that an independent opinion is required, speak with the planning consultant about going to appeal.

 

The BS recommends that the future growth of the crown is considered when determining a planning application but if the tree is pollarded or goes through a cyclical crown reduction programme, I don't think the council would be able to use 'future crown growth' as a reason for refusal.

 

Hope this helps. Post a picture if you can.

[graham pick]

I have read this twice and I still can't determine if you are campaigning to have the tree removed or are trying to stop it from being removed ? ....

 

We want the tree to stay and we want to build our bungalow which is 40 feet from the tree.

[Stubby]

We want the tree to stay and we want to build our bungalow which is 40 feet from the tree.

 

Ah ! I understand now . The planning department won't let you build because they consider the proposed bungalow to be too close to the tree , and should you move at a later date any new occupants might apply to remove the tree . Surely any new occupants would just be refused permission to remove as it has a TPO ?

[Gnarlyoak]

We want the tree to stay and we want to build our bungalow which is 40 feet from the tree.

 

So what you're saying is that the council have refused you planning permission for you to build your bungalow, because in a few years, maybe decades, down the road a possible future resident of the bungalow you intend build might (just might!) request to have the tree removed because it is now excessively shading the property you want to build!!!!!!

 

That's bonkers. Is that the only issue, or has there been other concerns raised about your planning request.

 

Rather than throwing away more money on more "consultants", you do have a right to appeal to a higher authority. You may find more info to help you in that process by following this link: Planning Portal - Appeals and other casework

 

Personally IMHO the council would be better off letting you crack on with your build and worry about the request to fell the tree in another 50, 100 years time, if there is still a planet left to worry about the possibility of a tree maybe being felled or not.!!!!

[graham pick]

Thanks oslac,cant seem to upload a picture but will keep trying.Already using planning consultant.But council landscapes wont hear of any thing to change their mind.

[graham pick]

We have also issued them with google earth images now and with the future growth which they seem to have disregarded as well but not provided anything themselves.We strongly believe the parish are pulling strings.

[graham pick]

No other issues only impact of tree and future occupant.