lime tree preventing new build.

[graham pick]

We put in 2 arb reports,one a 31 page with all the protection for the tree which is outside on the verge,one showing why this open grown stand alone tree will not double in size.we covered everything.The planning officer told me today we have hit a brick wall and no matter what report we put in ,it wont make any difference,i said I know its political as I live next door to the vice chairman on our parish and he said you can appeal.What a waste of time and money.He said if landscapes want it refused he has no choice.

[peatff]

Go to your MP, a chap I worked with had refusals to build on some land he had left him and the local MP sorted it.

[ScottF]

The planning case officer is not obliged to follow the advice of a landscape or tree officer and often don't. The landscape or tree officers are effectively consultees whose advice forms part of the totality of the application and should be seen in that context. They do not have individual power to effectively veto any application that comes across their desks.

 

If the case officer's being as intransigent as you say though, it sounds as if you'll have to appeal. At least you'll get a fresh, if not necessarily impartial, set of eyes in your case.

 

Good luck.

[graham pick]

Thanks for your replies.What I don't understand I got a forestry/arb expert to do a report and he has stated and shown photographic evidence as to why the tree wont double in size.How can they reject it without proof and if they do supply an answer at appeal.Who is to know who is right.

[graham pick]

Hi ED,thanks for the reply,i was advised to resubmit the same one as it was only refused on (impact of tree on future occupants)that's all.the new bungalow is 12 metres away from the tree .My report says its reached its mature height because its an open grown tree with no competition.I am not an expert on any of this and rely on consultants to help.Should I appeal or should I put in a smaller scheme.Its only a two bed bungalow with one up and one down on a 61 foot square plot similar to one opposite recently built ,but mine is next door to a parish councillor.What would you advise ED.

[kevinjohnsonmbe]

 

It's to do with reasonable living conditions and it most certainly is a planning matter.

 

 

 

It doesn't work like that. If the house is built and the living conditions of the occupiers are considered intolerable, the tree goes, protected or not. Even if the Council refuse an application to fell the Planning Inspectors would overturn it. Living conditions first, tree last. The answer is don't build too close to the tree in the first instance.

 

 

 

Ed

 

 

Ed, this particular part of your reply caught my attention, I'll PM you so as not to derail this thread if that's ok??

[ScottF]

Your MP wouldn't intervene?

 

Mine would and so would many others', I expect.

[graham pick]

Spoke to someone who does appeals and he said we could appeal on non determination,as its 3 and a half month over the date.Could I put a covenant on the land to stop future occupant having the tree removed.Why do they ignore professional arb reports when they have not produced anything to contradict mine.

[peatff]

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

[peatff]

A chap I worked with was left some land and applied to build a house on it but was refused as the then NCB wanted to outcrop there. He went to his MP who took the case up and he was granted planning permission, built his house then rented land to the NCB.