lime tree preventing new build.

[Paul Barton]

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.

 

 

You have to appeal. It may be the only thing that will make the LPA do some proper work on your application.

 

 

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[graham pick]

Yes well done.that's it.Parish put tpo on 6 weeks in.Whats your opinion ,will it double in height in 60 years.no other issues only future occupants may want it removed.seems no one has come across this before.thanks for your interest.

[Chris at eden]

Yes well done.that's it.Parish put tpo on 6 weeks in.Whats your opinion ,will it double in height in 60 years.no other issues only future occupants may want it removed.seems no one has come across this before.thanks for your interest.

 

Not sure it will double in height but maybe, not easy to judge from street scene. What i would say is that its nowhere near its mature size. I will also cause shading as it is due south from the garden. Another issue will be the honeydew (sticky sap) that comes from the tree. This may make future residents want to remove it. Thes can be mitigated to an extent by regular pruning and not putting parking spaces under the tree so look at your layout and see if you can improve. I would think this is where the LPA are coming from when they say future pressure to fell. Root damage to paths is something else they may look at. You will have to optimise the layout to prevent future conflict if you haven't already.

 

Another issue is access. How do you access the site. See link.

 

https://maps.google.co.uk/maps?q=Teston+ME185AU&hl=en&ll=51.256443,0.440279&spn=0.000003,0.004007&sll=52.812723,-0.736084&sspn=1.469186,4.103394&oq=me185au&t=h&hnear=Teston+ME18+5AU,+United+Kingdom&z=19&layer=c&cbll=51.256441,0.440466&panoid=yBwr0lX0yZwRgE1SCwhWHA&cbp=12,292.72,,0,4.17

 

The levels are possibly a problem on the main access road in if the drive is within the RPA. The no dig drive would be on ground that is already elevated and this would make it difficult to get back down to the road level. The road around the corner looks to have better levels.

 

I assume that the drive is on the side nearest the tree to keep the house out of the RPA? This is good on one and as you keep the foundations out of the rooting area but you would get honeydew on the parked cars. i.e. future pressure to remove. This can be mitigated, possibly by having a car port roof over the drive on piled foundations. You can put guards on your gutters to prevent them becoming blocked by leaves. You need to identify all the reasons that future residents may wish to remove the tree and mitigate these as best you can. These should already have been looked at in your impact assessment and addressed and your appeal statement should also reflect this. Ask them to clarify why they think there will be future pressure, then look at addressing if you can.

 

You have to provide a convincing argument to counter what the council are saying at appeal. If you address and counter all their issues you have a better chance at appeal. Thats not to say you will win but you will have a better chance. There are always 2 sides. You have to be objective though, dont say that a 15m lime will not increase in size. The tree officer can easily provide evidence that this is not correct from a book or from other trees in the local area. This will not impress the inspector.

 

Hope this helps,

[graham pick]

Thanks so much,Should I ask the planning officer for his reasons why future residents may wish to remove the tree so I can get them addressed.Everything is online at Maidstone 14/0372.The parking goes in from round the back and is outside the rpa.We have also produced google earth shading diagrams that prove we are never in the shade even if the tree did double in height.This has really been a problem as we wanted to build in the garden like the one opposite,and why wont they finish their derermination so I can do an appeal and be done with it.thanks again.Also if it did double in size would it be a problem in the road.

Edited August 19, 2014 by graham pick

[Paul Barton]

Thanks so much,Should I ask the planning officer for his reasons why future residents may wish to remove the tree so I can get them addressed.Everything is online at Maidstone 14/0372.The parking goes in from round the back and is outside the rpa.We have also produced google earth shading diagrams that prove we are never in the shade even if the tree did double in height.This has really been a problem as we wanted to build in the garden like the one opposite,and why wont they finish their derermination so I can do an appeal and be done with it.thanks again.Also if it did double in size would it be a problem in the road.

 

 

You don't need to wait. You can appeal BECAUSE they haven't determined the application within 8 weeks.

 

 

 

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[Chris at eden]

As Paul said, you don't need to wait nor do you need the reasons as you would not be appealing against a decision. Its strange that they have come up with reasons for refusal and then not determined the application. They may have no confidence in the decision.

 

If you appeal for none determination the inspector will just look at it on its mertis. If the report and detail you have is as good as you say then you may be in with a chance. One concern i would have is that the arb report said that tree is fully grown and it's just not. Another one would be the comments on shading. The tree is due south of the garden so i cant see how it will not cast shade on the site at maturity which at the end of the day could easily be 20m+.

 

If its refused by the PINS they should give you reasons as to why. There reports are usually very detailed so you could always look to see if you can address and re-submit. You never know they may approve it.

 

If you were appealing a decision that would be different, and thats when you look at countering their argument. Doesn't look as though this will happen though as they are just sitting on it.

 

I would go for none determination as Paul has suggested and see what happens. Otherwise you could just be waiting around forever.

 

Cheers,

[daltontrees]

I would give it one last shot before appealing against deemed refusal. You would have to admit that the tree will get bigger and get a credible estimate of how much bigger. Then you would need to assess the layout using BS8206:2 and 'BRE: Site layout Planning for Daylight'. If you can demonstrate that the development fits the criteria of the BS, I am sure you would win an appeal or even better win over the LA. You might win an appeal anyway without doing a shading assessment. I find them fairly easy, but it's one of my specialisms and they can get a bit messy if you're not doing them often.

[daltontrees]

At solar noon in midsummer at a latitude of 52 degrees the shadow at noon from a 19m tree will extend north from it for 10.3m. In midwinter it will be 73.5m.

[daltontrees]

I've just seen the plans. First impression is that the daylighting for the design on the south elevations with the tree as it is. If it gets much bigger it could be challenging but it should be possible. The problem is the dining area. If that's to be a habitable room at 1 1/2% daylight factor it's marginal.

[FatherJack]

Has the planning decision been made by the delegation or did it go to the planning committee? If the former, lobby your local councillors on the committee, resubmit and get your councillor to call to the planning committee for discussion/approval/refusal. Councillors (IMHO) love to show up and over-rule the planning officers. If that fails go to appeal. But if your planning consultant is not sure................ Or change planning consultants?