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

[daltontrees]

That letter form the Council is a bit odd. The Regulations allow for the pruning, in accordance with good horticultural practice, of any tree cultivated for the

production of fruit, in a Conservation Area. That doesn't mean you can butcher or remove an apple tree. It might even mean that pruning should have some horticultural objective for that tree, like the removal of diseased parts or the stimulation of fruit-bearing new growth.

 

This semantics stuff ... yes Councils seem to tell people that they need consent, but it's simple. If you serve a 6 week notice correctly and get no reply, you don't have consent, you have statutory immunity from prosecution under the offence of doing unauthorised tree works in a CA. If you get a go-ahead from teh Council within the 6 weeks, or even afterwards, you officially have 'consent'because that's what the legislation says.

 

Soa better word for an unanswered s.211 notice after 6 weeks might be 'authorised', a go-ahead any time after the notice is served might be 'consented' and a reply putting conditions on a go-ahead might be 'b*ll***t'.

 

Yes' authorised is a reasonable word. 'Clear' might do just as well. Or 'allowed' It is authorised by legislation, by parliament. Specifically what is says is -

 

"It shall be a defence for a person charged with an offence ... to prove ... that he served notice of his intention to do the act in question ... and that he did the act in question ... after the expiry of the period of six weeks from the date of the notice "

 

That's all there is to it. Call it what you will, you're in the clear but it's not 'consent'.

 

That's for England anyway. I don't know about the rest of the UK except Scotland.

[Chris at eden]

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..

 

You cant change fell to reduce on a TPO either so no idea why they would be saying that!! No doubt some numpty would be saying reduction is felling to a lesser extent but that is nonsense in my opinion.

[Al Cormack]

You cant change fell to reduce on a TPO either so no idea why they would be saying that!! No doubt some numpty would be saying reduction is felling to a lesser extent but that is nonsense in my opinion.

 

 

I've been told by our LA tree officer you can carry out a lesser spec than that applies for, as long as it is to BS3998 spec.

 

 

http://www.cormacktreecare.co.uk

[Chris at eden]

I've been told by our LA tree officer you can carry out a lesser spec than that applies for, as long as it is to BS3998 spec.

 

 

Tree Surgeon - Woking | Cormack Tree Care Ltd

 

Yes that is fine, so they can reduce a crown thin from 30% to 20%, or a lift from 5m clearance to 3m clearance for example. They can't significantly change the application though. So the example of changing from fell to reduction is wrong in my opinion. They should consider the application which is in front of them, not change it.

 

One TO did say to me once that reduction was less work than felling but I don't personally think that is what is intended by the legislation.

[Al Cormack]

Yes that is fine, so they can reduce a crown thin from 30% to 20%, or a lift from 5m clearance to 3m clearance for example. They can't significantly change the application though. So the example of changing from fell to reduction is wrong in my opinion. They should consider the application which is in front of them, not change it.

 

 

 

One TO did say to me once that reduction was less work than felling but I don't personally think that is what is intended by the legislation.

 

 

I was meaning the contractor carrying out a lesser spec than originally applied for, not the council changing the spec.

 

 

 

http://www.cormacktreecare.co.uk

[kevinjohnsonmbe]

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

 

I think "unopposed" is as good a way as any of describing it Gary....

[Gary Prentice]

I think "unopposed" is as good a way as any of describing it Gary....

 

:thumbup1:That'll do me:biggrin: