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.

I read a great a summary by an autistic person how they felt that autism impacted on him. He said that to him autism is the limitation to communicate verbally and socially in the norm that societies expects.

To me my dyslexic is a limitation to communicate literally with in norm that societies expects. Non-dyslexics do not realise the extra work and time that is required for a dyslexic person to get written work up to an expectable standard.

Got a site to clear alot of small willow, birch, ash and alder also mixed in a couple of semi mature sycamore, ash, alder around the edge with a large open space in the middle customer has applied for planning for a storage yard. The problem is he wants them all down except some of the larger ones that have tpo,s but someone who owns a property bordering the site does not get on with my customer and will do anything to throw a spanner in the works. There is to much to fell with out a licence so i am looking for is some advice on how to tackle this and it needs to be done quickly before the council slap some orders on the bigger trees that are not already covered.

 

Thanks in advance

 

You client submitted a planning application with a red line around the site that includes all the trees on the site? If so no tree works can take place before the planning application has been determined. All trees are a material consideration once a planning application has been submitted. If the trees that your client wishes you to remove are shown for removal in the submitted plans once these have been approved then the tree works can go ahead.

Phone the duty planner for their opinion to confirm the above.

Your client should removed the trees before submitting the planing application.

I feel for you were going through something similar at the moment,an enforcement appeal ,it's all loaded against you I'm afraid as they class it as commercial use of a woodland,it's the commercial element that they don't like ,which is daft in these so called "green renewable times".we explored getting a consultant in but at 5-7k in fees it was just not wort h it.

We've been using our woodland which is 3 acres for splitting firewood for our own domestic use and selling any surplus from our own arb business for 17 years but it only takes one complaint or git of a neighbour .i suspect many arb firms are using yards farms etc without any consent.good luck did you get consent for your shed under permitted development?

17 years you say if you can demonstrates over four years of continues change of use it might be inappropriate for the council to take enforcement action. The following blog is really helpful for planning law;

Martin Goodall's Planning Law Blog

You will still need to get an RTPI planner for help maybe from an open planning scheme or Planning Advisory Services (PAS);

Home | PAS

Remember an LPA (local planning authority) might call it self a planning services but they (we) are an authority. It's an LPA's legal duty to determine and regulise planning legislations and regulations within keeping of the law.

Hope somebody can help. I have been asked by a client to price up a large amount of work on his small woodland. Its in a conservation area and basicly involves removing anything dangerous and thinning out. I had a tree conservation officer out and I have been told to put an ecology report together... It has not been specified as to exactly what it needs to contain (bats, species, diversity, flora) I have just been told to right a report. has anyone any idea where I should start?

cheers all

The keyword in the above is 'SMALL WOODLAND therefore in all probability it was a Forestry Commission Woodland Officer requesting the ecology scooping survey. Also they have not quantified 'SMALL' everybody has a different idea of small otherwise there would not be any needs of units of measurements and rulers.

It is very unlikely that a small woodland would be within a conservation area as in accordance with the Conservation Area Regulation 1997. Given these conservation area are determined on architectural merit not on biodiversity. I am not sure why anyone thinks that an Arb/Tree Officer within a Local Planning Authority (LPA) would make a site visits to a woodland for the removal of dangerous tree and forestry thinning in a 'Small woodland'?

A scooping survey for an FC Felling licence is a reasonable request.

The current thinking is that winter pruning removes the stored energy adjacent to buds which is used during leaf and flower burst. This means that energy must be transferred around the tree prior to growth starting in the spring and before the tree has the chance to build up its energy reserves via photosynthesis. This may lead to physiological stress in the tree resulting in a weakening of the tree's ability to defend it self against active pathogens.

 

It is also thought that there are more air bourne pathogen spores floating around in the autumn and winter which can infect a dormant tree's newly cut branch and before the tree can use its available energy to defend itself. Chop a branch off and pathogen spores have a clear route into the tree.

 

Pruning the tree in summer allows the tree to repair itself prior to dormancy and allows starch to be stored where the tree needs it i.e. behind the buds and ready for the spring.

The above is what I recognise as current best practice with the addition of when there has been a prolonged period of dry weather in spring and or summer months tree pruning should be delayed. Tree pruning works were traditional undertaken in autumn and winter months for cultural reason ie there was a pool of available horticultural and or agricultural labour on the country estates to undertake tree work given their other task had come to an end for the season.

If there has been no known threat to a two hundered old tree and I can not be seen from a public open space why should the tree have been protected by an TPO? I do not have time to drive around the area looking for all the tres that should have a TPO all my time is taken up with task that came in vai my in tray, e-mail and telephone. You do known that due to Council cut backs more and more TO's have no admin support that more and more time is taken up with administering the regulations? I am lucky to get out the office once a week but more likely once a fortnight!

Still temping as an TO.

My opinion is that if I am asked over the phone or via e-mail what is the planning protection status of a tree(s) I state turfully what it is at the time of the enquiry. This does not stop me from viewing the site/trees on web base maps and doing a site visit and deciding that the trees have public visual amenity value. It just means that the Council has to make a decision and then server a new Order quickly befor the tree(s) is/are gone. Sometimes I, get tips offs from contractors, planning officer (per application meetings), enforcement officer who keep an eye of the local estate agents and auction listings, conservation area officer and members of the public. If the trees can be see from a public open space, provide significant public visual amenity value, are healthy and there is a know threat like a enquire of their legal protection, change in land ownership, planning application etc. Then the TPO can be defended legally because these are the tests within the 'Blue Book'.

For sure it is a pain for a contractors but without the enquiry there is no known threat and most Council have not got the reasources to be proactive survey their area for new TPO's and for removing the old ones. So the first time that a Council will often know that there is a known threat to a tree is when they received an CA/TPO enquiry. There is no consprearancy it just the lack of reasources and the requirement to protect trees that provide public visual amenity vaule within a local planning authorities area.

Just be glad that you do have to deal with the local tree huggers that want the Council to TPO every tree no matter the cost implications that could result from such actions!

There are many reasons why people wish to have a tree removed and it is all to easy to blame it on hazard and risk because this is consider as a genuine reason to remove a tree.

As Temporary TO when a tree that has significant public visual amenity value has a real and not a made up defect and there is high value target within failure distance. It makes the decision to allow the tree to be removed easier to defend from people that might object to the removal of trees than if there is no defect.

At the moment there are very few arborist within Councils and when they do remain given thier high work load they need to make assessments and decision quickly. If they have a report saying this tree is dangerous reputable arborist they are not going to invest much time in defending that tree. Unless it turns political:thumbdown:

As a matter of interest who condemned the tree? Highways?

When the decision notice is issued by the Council that is a full or a part refusal then it should state the following;

1. A date

2. A reason for the refusal

3. How you can appeal the refusal

4. Your right to compensation

You have 28 days from the date of the refusal to make an appeal to PINS the form can be found at the following link;

http://www.planningportal.gov.uk/uploads/pins/tpo_appeal_form.pdf

I would check the decision notice carefully to see if it complys with the new Regulations.

Take note that the new TPO regulations that apply from April 6th this year have removed the words 'dying' and 'dangerous' from the exemptions.

 

I have attached the new regs here - see page 7 and 8.

The new TPO regs only apply to England not sure what changes if any have happened in Wales:confused1:

What's peoples experience with LPA's and confirming TPO's. I've an ongoing situation where the planning department failed to confirm an order after six months, twice refused consent to fell (when the tree wasn't legally protected) and then confirmed the order six years later.

 

The longest period I can find before confirmation is thirteen years:001_rolleyes:,

Anyone have any knowledge about a precedent for testing the legality of the order?

 

To my view, given the length of time involved, interested parties may have changed and had no opportunity to object as the planning department were mis-informing everyone.

 

Thoughts?

The Council by determining not one but two tree work applications for trees protected by a TPO when there was no valid statutory controls on the tree. Is in my opinion maladministration by the Council of the TPO regulations and not within keeping with the recommendations within the 'Blue Book' section 6.44. There are few things that I would recommended these are as follows;

1. The client should check if they have legal cover on the house hold insurance.

2. The client should contact his/her local Councillor and or MP

3. The client or you should write a letter to the Chief Planning Officer ccing the local Councillor and MP about the Council determining two application. Thus on the two occasion paying out for tree works that would not have been necessary if the tree had been felled on the first occasion. Your client should use the words recovery, undue stress, maladministration and ombudsman. Sending in copies of the decision notices that the Council issued on the non-confirmed TPO thus it was not valid at the time.

4. At the same time make an application to fell the tree offer to replant a new tree this makes your client look reasonable.

5. Client should consider small claims court to recovery the cost ot tree works against cost of removing tree for determining the two application when the Council has no powers to do so.

Action like these by Councils make me really mad I am currently covering a TO post were the old TO regularly did this sort of thing. I have had some very strained and odd phone calls to neighbours asking why they had to make an TPO application in the past were I have recently told their neighbouring the Councils has no TPO therefore no application is required.

More maladministration of the TPO regulations that comes to light can only improve the very poor database system that some Councils still have. Also it should incourage Councils to employ TOs and Arb Officer who know the Regulations and what they are doing!

Leicestershire County Council Highways Forestry team who are an Arboricultural Association approved contractor have been doing these type of services for years:

Leicestershire Highways Forestry / Trees Services - Leicestershire County Council

NO apology needed Hama, that's the whole point of this forum for people to air honest, balanced views, without it much would be lost.

 

I'm keen to know 'why' you wouldn't go on one tho, is this 'hear say' or personel expereince? If the course is no longer 'fit for purpose', and remember it is a one-day bat awareness training day, we need to know and amend / update it accordingly.

 

Thanks for the post.

Paul

 

PS I've never actually doen the course myself and it's runs by BCT on our behalf...I beleive.

Paul,

I have been on the AA 'bat awareness training day' and it does just what it says on the tin and I throught it was a very good course. However the cost of the course and all AA tree courses always seems to me a little pricey compared to the bat world! Did you know Paul that the BCT have their annual conference at the same venue as the AA on the Friday/Saturday and Sunday at half the price?

The cheapest and easiest way to start the process to becoming a licence bat holder is to join your local or neighbouring Bat Group. I am member of three local bat groups some are better than others in terms of walks, talks and training that they offer. I am also a member of the BCT (Bat Conservation Trust), mammal society and my local mammal group.

Once you get the bat bug there is no turning bat:lol:

I mostly survey development in and around London it is very unusual to find anything of interest at these site.

This was found on a Sunday walk at a local NT property to the left of the picture is a pond/lake. Given it was Sunday at a popular site some members of the public had a bit of a poke before I had seen the bracket. I spotted the Warden who was doing a Sunday tour of the woods I, followed him around for a bit (stalker ) he pointed the fungus out to the group. I get the impression that he is not that worried about the tree and it will be allowed to fail in its own time. The oak still has all of its crown intact and has not been worked on in years, last time this was done was to reduce it over the pond/lake.

Came across this yesterday first time I, have seen Laetiporus sulphureus this low on a standing tree. I had a chance to pick up a small piece of flesh already on the floor and now know why it was given the name sulphureus it was smelly!

Bats! Brown long earned (Plecotus auritus);

1st Yes it is dead but you can see the long ears!

2nd Picture out of focus, however you can make out that the long ears are folded back (they often do this when roosting) but their upright tragus (a fleshy projection which covers the entrance of the ear) can still be seen.

I have some flower pictures from the weekend;

1st yellow archangel (Lamiastrum galeobdolon) this is an ancient woodland indicator species.

2nd yellow flag iris (Iris pseudacorus) this is also an ancient woodland indicator in wet woods.

I have some picture from a great crested newts course;

1st picture are of a couple of males (note the silver strip in the tail)

2nd of a female

3rd the belly of a male

Lime Hawk-moth Mimas tiliae

Lime Hawk-moth Mimas tiliae - UKMoths

Hi Common Lime, thank you for the reminder and I will go back and have a look. I have bat-surveyed as part of my ecology up-bringing so I will look for the signs you mentioned. An oversight on my behalf at the time and I accept a slapped-wrist

I slapped-wrist would that be a pip fly over?

Armybolke, I would also suggest checking for any signs of bats using that large cavity i.e. droppings, mouth wings, staining from urine and or from where their bodies touch the tree as the enter and leave it. If you get in contact with your local bat group they might be able to send someone around for a free assessment.

Just reading through the thread. It has gone from just a simple question into almost a full blown slanging match. For god sake guys grow up a bit.

King James Bible, Exodus 20:7 "Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain"

Taking Gods name in vine whilst telling people to 'grow up' is just a wee bit patronising. I am not slagging anyone off, I am just saying that people are entitled to express an opinion for or against the Royal family and or wedding.

I am off to a good friends BBQ who use to work in the Royal Household, I am sure, I will get loads of juicy gossip about todays event.

If anyone wants to see the National Mulberry Collection at BP you have to write a nice letter to the Master of Household.

I dont know or even care what your problem is but why can't you and the likes of Tim just shut up and let the rest of us enjoy what's left of the day.

Silly me, thinking that a Great British value of freedom of speech would be allowed to be expressed about the Royal Family. Makes me proud that we beat those beastly Germans and kept up that Iron Curtain from the reds under the bed all in the name of freedom