Do you need permission to down a domestic apple tree within a conservation area?

[skyhuck]

NO! You do NOT need permission but you do need to give a 211 notice... The number of TO's who tell folk they need permission, even sending letters giving them permission:biggrin: to do this or that... It winds me up ..

 

Indeed

 

Even had one stipulate a replacement tree

[Paul Barton]

NO! You do NOT need permission but you do need to give a 211 notice... The number of TO's who tell folk they need permission, even sending letters giving them permission:biggrin: to do this or that... It winds me up ..

 

By not making a TPO after receiving a s.211 notice, the LPA implicitly gives "permission". It's all semantics ain't it.

[Arctostaphylos uva-ursi]

It used to be that fruit trees were not included but now they are.

I think that's a good thing others may disagree.

[Gary Prentice]

By not making a TPO after receiving a s.211 notice, the LPA implicitly gives "permission". It's all semantics ain't it.

 

Agreement, acceptance? I struggle for the correct word to explain to people.

[benedmonds]

By not making a TPO after receiving a s.211 notice, the LPA implicitly gives "permission". It's all semantics ain't it.

 

I don't think it is semantics, the procedure may be the same in that you use the planning portal, but the outcome is different..

 

Clients have had letters from TO's saying things like, "they can't fell but can reduce" and even "we have not had time to make a decision you can complain etc etc..."

 

The tree is NOT TPO'd, so it's nonsense...

 

A 211 is a notification.. Give them 6 weeks if the TO does not TPO then crack on... You don't need permission if they have not replied, crack on..

[Paul Barton]

Clients have had letters from TO's saying things like, "they can't fell but can reduce" and even "we have not had time to make a decision you can complain etc etc..."

 

The tree is NOT TPO'd, so it's nonsense...

 

Well that is bonkers and way beyond using the wrong words!

 

So, if someone fells a tree in a Conservation Area without notifying the council of their intent to do so, have they felled it "without permission"?

 

This is the wording used in the online planning guidance: The work may go ahead before the end of the six week period if the local planning authority gives consent.

 

That's why I think it is semantics - because you still need consent (no TPO to be served) in response to your notification.

[BishBashBosh]

...So, if someone fells a tree in a Conservation Area without notifying the council of their intent to do so, have they felled it "without permission"?

Yes, assuming it's big enough to warrant notification.

 

...The work may go ahead before the end of the six week period if the local planning authority gives consent.

 

That's why I think it is semantics - because you still need consent (no TPO to be served) in response to your notification.

 

There's a subtle but important difference.

Serve the s.211 Notice. You should receive an acknowledgement that it's been received, keep it.

 

- If no further communication then you can assume consent has been given after 6 weeks.

- If you want to start work before the end of the 6 week period then you require consent to have been given. Effectively that means in writing.

 

In both cases it's worth checking that it's not been TPO'd immediately before work starts as they may use that process to reject the proposed work.

[CharlieBoulder94]

 

Got permission

[skyhuck]

 

Got permission

 

Result, although you have not got "permission" as they have stated its not needed.

[kevinjohnsonmbe]

Semantics / pedantics!

 

Great stuff!!

 

I would consider it would be "consent" if approval is granted by the LA to conduct the works in less than the predetermined period. The consent though, is on the part of the LA to forego the mandatory consideration period, not consent to carry out the works. They can't actually consent to the works, only prevent them - by TPO.

 

If someone fells a tree in a Conservation Area without notifying the council of their intent to do so they have not done so without "permission" but rather they have contravened the legislation and may be subject to legal process to facilitate remediation.

 

It would seem to me that the semantics are important given the apparent examples of LA staff imposing conditions, restrictions and replanting requirements on s211 notices.

 

Somebody needs to understand and abide by the published guidance....