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EdwardC

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  1. Is it a traditional orchard. Traditional orchards are UK BAP priority habitats.
  2. Or the council could seek costs if the Appellant has acted unreasonably. And costs could be awarded against the Appellant even if the appeal is allowed.
  3. Hi Joe What the LPA are requesting is an Arboricultral Method Statement. You need to employ an Arboricultral Consultant. Both the Arboricultral Association and the Institute of Chartered Foresters maintain a list of consultants. Arboricultural Association - Registered Consultant Directory WWW.TREES.ORG.UK A directory of registered tree consultants who offer services... Forestry Consultant Services | Arboricultural Consultants | ICF WWW.CHARTEREDFORESTERS.ORG The ICF directory of UK forestry and arboricultural consultants...
  4. You haven't got consent to fell the tree yet, so you're jumping the gun a bit with the tree replacement. Did you get an informal hearing. Do you know the date. Will you let us know the decision.
  5. Ed Gilman's a top man and talks a lot of sense. But he'd tell you it's the tree nurseries and landscape architects who specify the tree stock to be grown/purchased/planted that need educating. If that happened then Ed would be history and you would have a reduced workload. I suspect he'd like that. Well branched. Aaaargh! Give me a break. Try specifying naturally branching, and refuse to buy 'well branched' nursery stock. Anyone fancy updating British Standard BS 3936-1, Nursery Stock Specification for Trees and Shrubs. Rooting environment of nursery stock anyone...
  6. What does the client want. Will they accept surface roots in order to retain the tree, or prefef no roots therefore accept the removal of the tree. They're your only options.
  7. It looks wind sculpted and will, therefore, have self-optimised. No need to reduce it to an un-natural shape that pleases your eye, but isn't necessarily ideal for the tree. Unless there is a defect that necessitates the work I'd think long and hard about pruning. Beech do not respond well to pruning, reducing is worse than thinning creating larger wounds. Thinning should be specified by the amount of leaf area, as a % of the total leaf area, you intend to remove, not by weight. Thinning is something that should be done with secateurs. Small stuff, not big 4 inch diameter branches. Over 40 plus years I've thinned hundreds of trees, and seen many more that have been thinned, I also keep abreast of things and have never seen, or heard of any tree failing from the 'wind tunnel' effect. From BS 3998 In crown thinning, an even density of foliage should be retained throughout a well-spaced and balanced branch structure which could, if required, provide an adequate framework for a possible future crown reduction. And Material should be removed systematically from throughout the tree rather than from the inner crown only. Cutting branches back to the main stem should generally be avoided, although structurally weak or hazardous branches should be removed if there is no alternative. As an aside, reductions shouldn't be expressed as a %. It's meaningless and it cannot be demonstrated that what you have done is what was expected. Rather specify height and radial crown spread that is to be retained.
  8. Did you apply for the work to be carried out on more than one occasion. If not then there was no need for the council to spell it out, as once only is the default position. Maybe they thought it just needed to be clear it was a once only operation, that is once only per application. There's nothing preventing you making a another application in the future.
  9. Drink to much Old Tom and you'll be swinging for anyone.
  10. I never had to deal with a non-determination appeal. However, once the appeal is validated it is for PIN's to determine. It is usual in the planning world for the council to indicate at a non-determination appeal whether or not they would have approved or refused the application. If they indicated approval it would be sensible for the appellant to withdraw the appeal putting the ball back in the councils court, and await the councils decision. PIN's isn't bound to honour the councils indicated decision, and could still refuse the application.
  11. Funnily enough I was cogitating on this on my way to see my mum. I concluded quite quickly that only the courts could answer that question. Trouble is the licensing regime is very much related to forestry and plantation trees, not large open grown broadleaves albeit applies. And it is, or should be, about useable timber. I would agree that any wood over 8cm would be a good start. However, if the tree is over 8cm then all of it counts towards the 5m3. The problem being there's no exemption for timber below a certain size on licensable trees. But it seems accepted that the brash isn't part of the 5m2 for forestry trees, so why should small broadleaf branches count, and the FC clearly accept this by stating 'major branches'. It's just drawing that line, and if it was a tree less than 8cm it would be exempt, so 8cm seems reasonable. Or ask your local Woodland Officer for clarification of what is clearly a grey area.
  12. From Tree felling: getting permission Tree felling: getting permission - GOV.UK WWW.GOV.UK This booklet tells you what you need to know about getting... 'The volume of timber is assessed by measuring the amount of wood in the main tree stem(s) where this is greater than 8cm in diameter over bark. For large broadleaved trees, this includes major branches.'
  13. The calculator is more for plantation conifers than open grown broadleaves. Limbs are included in calculations if large enough.
  14. If the decision due date was 3 December 2019 then we're now at 12 weeks since the application was registered as valid. Appealing on the grounds of non-determination is possible. Signing off decisions varies from council to council. Again it will depend on the scheme of delegation set out in the constitution. I've worked at councils where I could sign off the decision, and at councils where it was the job of one of my managers to sign decisions off. Whilst decisions including the officers reasoning, should be public, as should committee reports, I doubt internal memos would be. However, as is often the case we have limited information to inform our replies. And this thread is no different. Stating that planners know two things about trees is being rather generous. I often wonder if they know what a tree is.
  15. As Jules says, what you have is a report. How decisions are made will depend on the councils constitution. Some delegate the decision to officers, some make decisions at the relevant committee. Yours appears to be the latter. The reports are generally published a week in advance of the meeting where a decision is to be made. Once the committee has made its decision you will be informed fairly soon after. Only once you have received the decision letter should you go ahead. The committee may afterall take a different view to the officer who wrote the report. One disadvantage of the committee system is that it doesn't operate around the application dates so they can run over. Delegated decision making is more flexible. Appealing won't speed up the decision making process, quite the opposite. Once you've appealed it's not the councils decision to make anymore. Appeal waiting times should be reducing as the new arb NSI's start working, but it's probably quicker to wait for the council. Regards the lack of correspondence, try phoning them.

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