lime tree preventing new build.

[Coximus]

Your MP cant and probabbly wont do anything if the planning dept are following the letter of the law and have a policy in place in lime with the law which they are following...

 

If not, they will happily wade in and point out the LA's messing about. - For example councils opposing CAT A exemption agri development or a farmer building a house to live near his stock.... The law is clear this is allowed without pp - MPs letters get the LA to back off -- In this case its abit more grey as the council is not breaking any regs, or nessasarily enforcing one either, just refusing which is their right, based on some assumptions they are making. Id say this is a good case to get an MP involved... they may just tip the balence.

 

Otherwise your stuffed, as the LA can refuse fairly on those grounds as it is not against the law to do so.

[countrryboy]

Sorry for this silly question and hopefully won't derail the thread, but how can someone apply to cut a tree down not on there land? Even without the TPO

[Paul Barton]

Anyone can apply for works to a tree covered by a TPO regardless of ownership. But you will need the owners permission to actually do the work unless you want to risk prosecution for criminal damage.

 

 

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[Chris at eden]

Apply for permission to cut it back to your boundary, it looks like it is overhanging and leaning and it will at least pee off the person who is blocking your present application

 

 

They will just refuse the consent if the works are bad practice or you can't demonstrate a need for the works. It wouldn't affect the planning app either, 9 times out of 10 the RPA is the constraint, not the canopy spread. You would be better off appealing the planning refusal if you think you have a case.

[Chris at eden]

Then why aren't planning departments grinding to a halt as a result of all the interventions from the local MP on behalf of applicants who have had their applications refused, or are about to have it refused. And lets not forget all the interventions by the MP on behalf of the objectors who want an application refused.

 

It just doesn't happen like that.

 

Ed

 

I agree. I sent 10 years working as a tree officer, 5 looking after council trees and 5 in a planning dept. In my experience MP's always get involved with refusals to carry out works to council tree stock, but rarely for planning issues. The planning inspectorate is there to do that and they are also the government, plus MP's cant supersede legislation but they can to an extent council policy. Same goes for councillors. Get a quallity tree report and go to appeal if you need to.

[Chris at eden]

Anyone can apply for works to a tree covered by a TPO regardless of ownership. But you will need the owners permission to actually do the work unless you want to risk prosecution for criminal damage.

 

 

Sent from my iPhone using Arbtalk

 

Ideally you need the owners contact details also as the LPA should consult with them and consider their comments when making a decision. As the owner appears to be the council, this may be another issue to overcome. Additional to the criminal damage you can also get done for theft or conversion depending on how you deal with the arisings. You dont always need the owners consent to do the works, but you will always need to agree on how to deal with the arisings. Good point made by Paul.

[Chris at eden]

I personally think your best route is still appeal based on a good tree report (AIA). The council can't say you have hit a brick wall either as the final decision is not theirs to make. The planning inspectorate (or secetary of state in extreme cases) will always have the final say if you push it. Remember though the inspector can only consider based on the quality of your report and appeal statement. Saying that a 15m lime (thats how big it looks to me) will not increase in size is not a good start.

 

The tree report should be objective and if there are issues they should be identified and mitigated, not denied. The tree officer will spot them and so will the PINS inspector. Unfortunatley this is how a lot of reports come into the council. Biased tree reports dont get you far with the PINS either.

 

What is the stem diameter of the tree? Can you put an aerial photo up from google to identify the orientation? What is the branch spread in the direction of the build? How far will the building be from the tree and where will the driveways be?

[graham pick]

Not sure how to do that but look at google me185au and courtlands road and you can see it.we are 5m outside the rpa with no shading issues.we put in two professional arb reports and the second one with photos showing branch cracking at 1.3m.They were really good reports,but what else am I to do if the council disregard them.we are now nearly 4 months past the determination date of may6.

[Chris at eden]

Is this the tree?

 

http://https://maps.google.co.uk/maps?q=Teston+ME185AU&hl=en&ll=51.256399,0.439982&spn=0.000003,0.004007&sll=52.84923,-2.026978&sspn=1.394966,1.521606&oq=me185au&t=h&hnear=Teston+ME18+5AU,+United+Kingdom&z=19&layer=c&cbll=51.256385,0.439795&panoid=KiiS0rtxM-lUxOkErLlTOw&cbp=12,56.26,,0,0.27

[Chris at eden]

try that again

 

https://maps.google.co.uk/maps?q=Teston+ME185AU&hl=en&ll=51.256399,0.439982&spn=0.000003,0.004007&sll=52.84923,-2.026978&sspn=1.394966,1.521606&oq=me185au&t=h&hnear=Teston+ME18+5AU,+United+Kingdom&z=19&layer=c&cbll=51.256385,0.439795&panoid=KiiS0rtxM-lUxOkErLlTOw&cbp=12,56.26,,0,0.27