planning overiding tpo

[Nick Harrison]

I know that full planning permission over rides a TPO but does anyone have any idea what the situation is when the outline planning has been agreed as well as the reserve matters? have had a look through the regs but can't seem to locate anything specific?

 

thanks in advance

nick

[AA Teccie (Paul)]

Pretty sure, even with agreed reserve matters, outline planning does not override the TPO still, i.e. in the 2012 Regs.

 

Paul

[Chris at eden]

I know that full planning permission over rides a TPO but does anyone have any idea what the situation is when the outline planning has been agreed as well as the reserve matters? have had a look through the regs but can't seem to locate anything specific?

 

thanks in advance

nick

 

 

Outline does not override, only full. You can't agree outline and all of the reserved matters at the same time as that would then be full.

 

The reserved matters are a bit like conditions that you have to discharge to then convert into a full planning consent. So for example.

 

If you go for outline including access and layout that would be a plan view showing where the houses and roads are. The reserved matters would then be scale and appearance (what they look like and how big), essentially the elevations, sections, levels, etc. Another reserved matter would probably be landscape and the 5837 work would probably come in with that, they may create a separate condition though.

 

At that point if you discharged a reserved matter that covered the trees and this showed the tree to be felled that would supersede the TPO but not until that point.

 

You may also go for pure outline which is just the principle of building on the land. You couldn't do an impact assessment at this point as there is no layout and so no way of knowing the impacts. TPO's are a constraint and their removal would be an impact and so it all ties together as you progress.

 

Hope that makes sense?

 

Cheers

[Chris at eden]

Pretty sure, even with agreed reserve matters, outline planning does not override the TPO still, i.e. in the 2012 Regs.

 

Paul

 

Outline is affectively part of a planning application with the reserved matters being what is let to complete. So if you discharge them all and one covers tree felling which is approved this would supersede.

[oslac]

Outline planning approval is usually planning in principle. Depending on the amount of information supplied at the outline stage will depend on what will be required to discharge reserved matters.

 

You can look at a reserved matter as a glorified planning condition and once approved it will override TPO legislation.

 

TPO's are part of the planning system and one would expect as part of the discharge of reserved matters for the case officer to ask the relevant consultees for their comments and one would hope that where TPO trees are concerned, the consultee will be the tree officer. Full regard should be given to the TPO when the consultee offers their comments.

[AA Teccie (Paul)]

Not doubting the above advice / information, which contradicts mine , but guidance on the planning portal make no reference to "reserved matters", only differentiating between FULL and OUTLINE planning permission.

 

Hence I would be cautious about proceeding with tree removals as reserved matters and recommend prior confirmation of such from the LPA / TO.

 

Cheers..

Paul

 

Now a 'shrinking violet'...well okay, a weed.

[Nick Harrison]

Our planner has said that once reserved matters have been agreed then it is more or less a full planning permission, i.e., it trumps any TPO. When looking thru the regs no mention is made of reserved matters, only outline planning or full planning, hence my question.

 

There's no issue over the conditions or landscaping proposals, it's purely a legal question from the developer...do they still need to apply to carry out tree works even though they've had approval for outline planning and reserved matters. We as a collective in the office were unsure as the regs don't seem to make it crystal clear. Our feeling was that no app was required but wanted to get the general view from others,

 

thanks for the feedback chaps

[oslac]

Not doubting the above advice / information, which contradicts mine , but guidance on the planning portal make no reference to "reserved matters", only differentiating between FULL and OUTLINE planning permission.

 

Hence I would be cautious about proceeding with tree removals as reserved matters and recommend prior confirmation of such from the LPA / TO.

 

Cheers..

Paul

 

Now a 'shrinking violet'...well okay, a weed.

 

Reserved matters can be seen as a glorified planning condition. Once it is discharged or once all reserved matters are discharged, full planning has been achieved.

Full planning overrides TPO legislation and there is no requirement to seek further approval from the tree officer. Any negotiation in relation to TPO trees should have been considered either at the outline planning stage or during the discharge of reserved matters stage. Otherwise we could have the situation where the developer has gained planning permission to carry out lawful development and the tree officer is going against the council and possibly against the elected members by refusing to allow lawful development.

[oslac]

I have come across situation whereby during the planning process, the council has asked that removal of a TPO tree is carried out as a separate application to ensure that a replacement tree is planted to continue the TPO. Removal of a TPO tree within the planning application does not allow for any replacement to continue the TPO. A new TPO would need to be served and it would be p[ossible to object to this new TPo on grounds such as amenity value.

[Chris at eden]

Reserved matters can be seen as a glorified planning condition. Once it is discharged or once all reserved matters are discharged, full planning has been achieved.

Full planning overrides TPO legislation and there is no requirement to seek further approval from the tree officer. Any negotiation in relation to TPO trees should have been considered either at the outline planning stage or during the discharge of reserved matters stage. Otherwise we could have the situation where the developer has gained planning permission to carry out lawful development and the tree officer is going against the council and possibly against the elected members by refusing to allow lawful development.

 

Spot on, good description. Obviously if the plans agreed at reserved matters show the trees to be removed.