planning overiding tpo

[Chris at eden]

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.

 

That is a strange one as only trees which are removed in contravention or under exemption based on condition are automatically protected (i.e. section 206). If you remove and condition replacement the applicant could:

 

a) appeal the condition.

b) or, ignore the condition and appeal the TRN.

 

The council would also need to either serve a new TPO or vary the original at which point there could be an objection to the new order. Not sure if you could object to a replacement tree but its is essentially still a new tree and so I guess so.

 

If they did it through planning then you could still condition replacement which would again come down to appeal. Same thing really.

[daltontrees]

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

2102 Regulations

"Exceptions

14.—(1) Nothing in regulation 13 shall prevent—

(a) the cutting down, topping, lopping or uprooting of a tree—

(vii) so far as such work is necessary to implement a planning permission (other than an outline planning permission..."

 

Therefore outline consent expressly does not trump TPO.

No consent trumps TPO until the consent can be implemented, because until then the exemption does not apply. So it's down to the conditions of consent. Any condition that says no work is to be started until blah blah means no work including no tree work. So if the Council has to approve samples of bricks or slates before a start is made, that also literally means no tree work. So the rule is there is no rule, it depends on the conditions on a case by case basis.

[Nick Harrison]

2102 Regulations

"Exceptions

14.—(1) Nothing in regulation 13 shall prevent—

(a) the cutting down, topping, lopping or uprooting of a tree—

(vii) so far as such work is necessary to implement a planning permission (other than an outline planning permission..."

 

Therefore outline consent expressly does not trump TPO.

No consent trumps TPO until the consent can be implemented, because until then the exemption does not apply. So it's down to the conditions of consent. Any condition that says no work is to be started until blah blah means no work including no tree work. So if the Council has to approve samples of bricks or slates before a start is made, that also literally means no tree work. So the rule is there is no rule, it depends on the conditions on a case by case basis.

 

according to our planners, agreeing rm takes the process one step beyond outline planning, and almost, or more or less, full planning permission. whether this is or is not the case, why do the regs no make mention of rm's?

[oslac]

Outline planning permission means that you have planning permission in principal. It doesn't mean that you can start developing. Development usually starts once the reserved matters have been discharged in accordance with the outline permission.

 

Discharge of the reserved matters allows you to lawfully develop. If you are required to discharge the landscape reserved matter and in that package you have shown TPO trees for removal and the council discharges the reserved matters, you then have permission to fell the TPO trees without recourse to any tree officer.

[Chris at eden]

according to our planners, agreeing rm takes the process one step beyond outline planning, and almost, or more or less, full planning permission. whether this is or is not the case, why do the regs no make mention of rm's?

 

Because the regs are about TPO's. Planning permission in its various types is covered by the town and country planning act 1990.

 

When they are talking about planning superseding tpo's its not a good way to think of it. Outline doesn't actually consent anything in reality. Even if you show access and layout and have them approved you cant build it until you discharged the reserved matters which would likely be scale, appearance and landscape. Once you discharge the reserved matters you have consent to build. If part of the approved plans for the landscape RM shows tree removal then this has been consented by the planning department.

[Nick Harrison]

the last 2 posts have made it much clearer to me now....will pass this info onto our planners as well as I think they should have this knowledge too...thanks again