lime tree preventing new build.

[daltontrees]

I hve just read the Arb report. It's pretty partisan. I wasn't persuaded by it. I agree with Edward C's observations about RPA under the road, but that's not the contentious point here, and I would let that sleeping dog lie. And for all that the computer graphics are fun to look at, they don't quantify the daylighting issue. Despite appropriate reference to BS8206, the report then went on to ignore it. In so doing, it failed to persuade me. I have no agenda to pursue on this and I can see that the Council has been left with dry ammo to defend a refusal. It seems a bit mean to refuse based on this one point but as long as the Council has operated within approved policy or has not been given satisfactory evidence of daylighting it's a local discretion that a reporter shouldn't interfere in.

 

Get a BS8206 assessment done and you should at least be able to eliminate that aspect form the dispute.

[graham pick]

The first application was refused by delegated powers.My local councillor sits next to my neighbour on the parish council and objected.The planning officer in his own report stated that we are in full sun before midday.My second arb report says its lost its apical dominance.All they have to refuse again is overbearing and dominance on future residents.If the tree doubles in size.I have two arb reports in now which look good to me but I am an electrican so not really understanding if they are.At one stage I did ask the planner about a bre 209 and he said its not necessary.Who knows what will happen in the future and does it mean anyone who lives 40 feet from a lime tree wants it removed.what happens if I appeal against non determination.What will they defend it on as we will soon be 4month over the date of determination.The parish are trying to claim the grass verge as they have cut the grass for 20 years.Is it better to appeal now or wait for the decision as the planning officer says we have hit a brick wall and don't waste more money on reports as landscapes have dug their heels in.

[daltontrees]

The first application was refused by delegated powers.My local councillor sits next to my neighbour on the parish council and objected.The planning officer in his own report stated that we are in full sun before midday.My second arb report says its lost its apical dominance.All they have to refuse again is overbearing and dominance on future residents.If the tree doubles in size.I have two arb reports in now which look good to me but I am an electrican so not really understanding if they are.At one stage I did ask the planner about a bre 209 and he said its not necessary.Who knows what will happen in the future and does it mean anyone who lives 40 feet from a lime tree wants it removed.what happens if I appeal against non determination.What will they defend it on as we will soon be 4month over the date of determination.The parish are trying to claim the grass verge as they have cut the grass for 20 years.Is it better to appeal now or wait for the decision as the planning officer says we have hit a brick wall and don't waste more money on reports as landscapes have dug their heels in.

 

Appealing against a refusal is easier than againsrt a deemed refusal. The reason is if the Council refuses it has to giver reasons wht and for your appeal to succeed you only have to address those issues. If you don't get a refusal you have to speculate about why it wasn't approved, and cover all the bases. Really really tiresome, although your planning consultant seems to have covered most of the policy issues. What yo need tro do meantime is make sure that the Council has been given all the information it could have needed to make a balanced decision.

 

I see two separate issues. The future threat to the tree as a principle and the threat to the tree as a matter of degree. Further confused by the way that the matter degree will increase and prove the principle some day.

[peatff]

The area looks pretty well developed already, are the council just trying to stop garden grabbing ? We recently delivered a bike to a house with a Lime tree with a TPO in the front garden. The bloke who lived there had to have his car pressure washed every three days and the front of the house looked like it was covered in glue and dirt stuck to it.

Edited August 22, 2014 by peatff

[graham pick]

The area looks pretty well developed already, are the council just trying to stop garden grabbing ? We recently delivered a bike to a house with a Lime tree with a TPO in the front garden. The bloke who lived there had to have his car pressure washed every three days and the front of the house looked like it was covered in glue and dirt stuck to it.

 

We live in an area where there is a shortfall of 19600 homes.The tree does not affect us and we don't want it removed.Surely its better to use part of a large garden than greenbelt.The tree just overhangs the hedge by about 2 metres and nowhere near the parking areas.The council have still not gave us a decision since march.Can I put any pressure on them to determine as I think its better than going to appeal for non determination.

[graham pick]

Well 11 months later and resubmitted with 2 excellent arb reports,planning consultant and sunlight and shading programme,the local landscapes are seeking refusal.They have given us nothing to contradict our arb reports and are still looking to refuse on future occupant finding the tree outside our property on a grass verge overbearing and dominant if the tree doubles in size in the next 60 years.The tree is the only issue and not even sure they have read our reports as I live next door to the vice chair of our parish council.Does anyone Know if under the planning guarantee we can reclaim our planning fee as we are coming up to 26 weeks after resubmission of the same plan but with all the tree reports.We know we can go to appeal and are preparing this,but its better to get another refusal than appeal on non determination.Why are the taking so long if they are so sure.

[common lime]

If a minor application has not been determined within eight weeks the applicate can appeal to the Planning Inspectorate for non-determination and costs. I suggest that you talk to a planning consultant who is a member of the RTPI. In the majority of appeals you will receive a more reasonable and considered opinion from an Inspector. Given the Inspector will not take into consideration any political concerns about the proposed development.

[graham pick]

Well the latest on this,7 months later and 2 planners have left and now have another who came Friday said they are going to refuse even before we got to the plot.We are already preparing our appeal on non determination by a company on no win no fee and going for costs.We don't want it going to committee as its a political hot potato and I told the planner that's what I believe.On their web page it still says pending consideration 206 days after we applied.

[kevinjohnsonmbe]

Stick to your guns! Good luck!!

[graham pick]

Well we did stick to our guns and appealed.It was an uphill battle but we found a great company who took it on a no win no fee.

We had never seen the tree as an issue but it was all they had.We were told we had won the appeal yesterday and it was decided by the right people in the end.

You realise just how jealous and nasty people can be,but never be intimidated or bullied by people,you will win in the end if its meant to be.