graham pick

Well we did stick to our guns and appealed.It was an uphill battle but we found a great company who took it on a no win no fee. We had never seen the tree as an issue but it was all they had.We were told we had won the appeal yesterday and it was decided by the right people in the end. You realise just how jealous and nasty people can be,but never be intimidated or bullied by people,you will win in the end if its meant to be.

Well the latest on this,7 months later and 2 planners have left and now have another who came Friday said they are going to refuse even before we got to the plot.We are already preparing our appeal on non determination by a company on no win no fee and going for costs.We don't want it going to committee as its a political hot potato and I told the planner that's what I believe.On their web page it still says pending consideration 206 days after we applied.

Well 11 months later and resubmitted with 2 excellent arb reports,planning consultant and sunlight and shading programme,the local landscapes are seeking refusal.They have given us nothing to contradict our arb reports and are still looking to refuse on future occupant finding the tree outside our property on a grass verge overbearing and dominant if the tree doubles in size in the next 60 years.The tree is the only issue and not even sure they have read our reports as I live next door to the vice chair of our parish council.Does anyone Know if under the planning guarantee we can reclaim our planning fee as we are coming up to 26 weeks after resubmission of the same plan but with all the tree reports.We know we can go to appeal and are preparing this,but its better to get another refusal than appeal on non determination.Why are the taking so long if they are so sure.

We live in an area where there is a shortfall of 19600 homes.The tree does not affect us and we don't want it removed.Surely its better to use part of a large garden than greenbelt.The tree just overhangs the hedge by about 2 metres and nowhere near the parking areas.The council have still not gave us a decision since march.Can I put any pressure on them to determine as I think its better than going to appeal for non determination.

The first application was refused by delegated powers.My local councillor sits next to my neighbour on the parish council and objected.The planning officer in his own report stated that we are in full sun before midday.My second arb report says its lost its apical dominance.All they have to refuse again is overbearing and dominance on future residents.If the tree doubles in size.I have two arb reports in now which look good to me but I am an electrican so not really understanding if they are.At one stage I did ask the planner about a bre 209 and he said its not necessary.Who knows what will happen in the future and does it mean anyone who lives 40 feet from a lime tree wants it removed.what happens if I appeal against non determination.What will they defend it on as we will soon be 4month over the date of determination.The parish are trying to claim the grass verge as they have cut the grass for 20 years.Is it better to appeal now or wait for the decision as the planning officer says we have hit a brick wall and don't waste more money on reports as landscapes have dug their heels in.

Thanks so much,Should I ask the planning officer for his reasons why future residents may wish to remove the tree so I can get them addressed.Everything is online at Maidstone 14/0372.The parking goes in from round the back and is outside the rpa.We have also produced google earth shading diagrams that prove we are never in the shade even if the tree did double in height.This has really been a problem as we wanted to build in the garden like the one opposite,and why wont they finish their derermination so I can do an appeal and be done with it.thanks again.Also if it did double in size would it be a problem in the road.

Yes well done.that's it.Parish put tpo on 6 weeks in.Whats your opinion ,will it double in height in 60 years.no other issues only future occupants may want it removed.seems no one has come across this before.thanks for your interest.

Not sure how to do that but look at google me185au and courtlands road and you can see it.we are 5m outside the rpa with no shading issues.we put in two professional arb reports and the second one with photos showing branch cracking at 1.3m.They were really good reports,but what else am I to do if the council disregard them.we are now nearly 4 months past the determination date of may6.

Spoke to someone who does appeals and he said we could appeal on non determination,as its 3 and a half month over the date.Could I put a covenant on the land to stop future occupant having the tree removed.Why do they ignore professional arb reports when they have not produced anything to contradict mine.

Hi ED,thanks for the reply,i was advised to resubmit the same one as it was only refused on (impact of tree on future occupants)that's all.the new bungalow is 12 metres away from the tree .My report says its reached its mature height because its an open grown tree with no competition.I am not an expert on any of this and rely on consultants to help.Should I appeal or should I put in a smaller scheme.Its only a two bed bungalow with one up and one down on a 61 foot square plot similar to one opposite recently built ,but mine is next door to a parish councillor.What would you advise ED.

Thanks for your replies.What I don't understand I got a forestry/arb expert to do a report and he has stated and shown photographic evidence as to why the tree wont double in size.How can they reject it without proof and if they do supply an answer at appeal.Who is to know who is right.

We put in 2 arb reports,one a 31 page with all the protection for the tree which is outside on the verge,one showing why this open grown stand alone tree will not double in size.we covered everything.The planning officer told me today we have hit a brick wall and no matter what report we put in ,it wont make any difference,i said I know its political as I live next door to the vice chairman on our parish and he said you can appeal.What a waste of time and money.He said if landscapes want it refused he has no choice.

Just had a completely different report done.Because its an open grown tree the consultant has done a report which we have given to the planners stating with his photos that the tree has already reached its mature height and will not double in height,so the problem of overbearing will not happen.Landscapes have produced nothing as we are now 3 and a half months past the determination date.With this and a google shading programme can they now disregard our application as it was refused on one thing only being the impact of the tree on future occupants.

As its been going on for over a year I was just looking to see other peoples views on this,is it a waste of time and money or have I a chance at appeal.

At last managed to upload picture,its 60 years old and we live near Maidstone,they recently built a bungalow opposite on similar size plot.