Chris at eden

As Paul said, you don't need to wait nor do you need the reasons as you would not be appealing against a decision. Its strange that they have come up with reasons for refusal and then not determined the application. They may have no confidence in the decision. If you appeal for none determination the inspector will just look at it on its mertis. If the report and detail you have is as good as you say then you may be in with a chance. One concern i would have is that the arb report said that tree is fully grown and it's just not. Another one would be the comments on shading. The tree is due south of the garden so i cant see how it will not cast shade on the site at maturity which at the end of the day could easily be 20m+. If its refused by the PINS they should give you reasons as to why. There reports are usually very detailed so you could always look to see if you can address and re-submit. You never know they may approve it. If you were appealing a decision that would be different, and thats when you look at countering their argument. Doesn't look as though this will happen though as they are just sitting on it. I would go for none determination as Paul has suggested and see what happens. Otherwise you could just be waiting around forever. Cheers,

Not sure it will double in height but maybe, not easy to judge from street scene. What i would say is that its nowhere near its mature size. I will also cause shading as it is due south from the garden. Another issue will be the honeydew (sticky sap) that comes from the tree. This may make future residents want to remove it. Thes can be mitigated to an extent by regular pruning and not putting parking spaces under the tree so look at your layout and see if you can improve. I would think this is where the LPA are coming from when they say future pressure to fell. Root damage to paths is something else they may look at. You will have to optimise the layout to prevent future conflict if you haven't already. Another issue is access. How do you access the site. See link. https://maps.google.co.uk/maps?q=Teston+ME185AU&hl=en&ll=51.256443,0.440279&spn=0.000003,0.004007&sll=52.812723,-0.736084&sspn=1.469186,4.103394&oq=me185au&t=h&hnear=Teston+ME18+5AU,+United+Kingdom&z=19&layer=c&cbll=51.256441,0.440466&panoid=yBwr0lX0yZwRgE1SCwhWHA&cbp=12,292.72,,0,4.17 The levels are possibly a problem on the main access road in if the drive is within the RPA. The no dig drive would be on ground that is already elevated and this would make it difficult to get back down to the road level. The road around the corner looks to have better levels. I assume that the drive is on the side nearest the tree to keep the house out of the RPA? This is good on one and as you keep the foundations out of the rooting area but you would get honeydew on the parked cars. i.e. future pressure to remove. This can be mitigated, possibly by having a car port roof over the drive on piled foundations. You can put guards on your gutters to prevent them becoming blocked by leaves. You need to identify all the reasons that future residents may wish to remove the tree and mitigate these as best you can. These should already have been looked at in your impact assessment and addressed and your appeal statement should also reflect this. Ask them to clarify why they think there will be future pressure, then look at addressing if you can. You have to provide a convincing argument to counter what the council are saying at appeal. If you address and counter all their issues you have a better chance at appeal. Thats not to say you will win but you will have a better chance. There are always 2 sides. You have to be objective though, dont say that a 15m lime will not increase in size. The tree officer can easily provide evidence that this is not correct from a book or from other trees in the local area. This will not impress the inspector. Hope this helps,

try that again https://maps.google.co.uk/maps?q=Teston+ME185AU&hl=en&ll=51.256399,0.439982&spn=0.000003,0.004007&sll=52.84923,-2.026978&sspn=1.394966,1.521606&oq=me185au&t=h&hnear=Teston+ME18+5AU,+United+Kingdom&z=19&layer=c&cbll=51.256385,0.439795&panoid=KiiS0rtxM-lUxOkErLlTOw&cbp=12,56.26,,0,0.27

Is this the tree? http://https://maps.google.co.uk/maps?q=Teston+ME185AU&hl=en&ll=51.256399,0.439982&spn=0.000003,0.004007&sll=52.84923,-2.026978&sspn=1.394966,1.521606&oq=me185au&t=h&hnear=Teston+ME18+5AU,+United+Kingdom&z=19&layer=c&cbll=51.256385,0.439795&panoid=KiiS0rtxM-lUxOkErLlTOw&cbp=12,56.26,,0,0.27

I personally think your best route is still appeal based on a good tree report (AIA). The council can't say you have hit a brick wall either as the final decision is not theirs to make. The planning inspectorate (or secetary of state in extreme cases) will always have the final say if you push it. Remember though the inspector can only consider based on the quality of your report and appeal statement. Saying that a 15m lime (thats how big it looks to me) will not increase in size is not a good start. The tree report should be objective and if there are issues they should be identified and mitigated, not denied. The tree officer will spot them and so will the PINS inspector. Unfortunatley this is how a lot of reports come into the council. Biased tree reports dont get you far with the PINS either. What is the stem diameter of the tree? Can you put an aerial photo up from google to identify the orientation? What is the branch spread in the direction of the build? How far will the building be from the tree and where will the driveways be?

Ideally you need the owners contact details also as the LPA should consult with them and consider their comments when making a decision. As the owner appears to be the council, this may be another issue to overcome. Additional to the criminal damage you can also get done for theft or conversion depending on how you deal with the arisings. You dont always need the owners consent to do the works, but you will always need to agree on how to deal with the arisings. Good point made by Paul.

I agree. I sent 10 years working as a tree officer, 5 looking after council trees and 5 in a planning dept. In my experience MP's always get involved with refusals to carry out works to council tree stock, but rarely for planning issues. The planning inspectorate is there to do that and they are also the government, plus MP's cant supersede legislation but they can to an extent council policy. Same goes for councillors. Get a quallity tree report and go to appeal if you need to.

They will just refuse the consent if the works are bad practice or you can't demonstrate a need for the works. It wouldn't affect the planning app either, 9 times out of 10 the RPA is the constraint, not the canopy spread. You would be better off appealing the planning refusal if you think you have a case.

I read somewhere that this is about to become a legal requirement in oz? something to do with an incident at a school?

This again comes back to qualifications. You wont get PI without appropriate quals. Its one of the issues they really probe about when you get a quote. Especially if you are doing mortgage reports.

I think Aesculin may be the scientific name for smurf juice!

I agree with sloth on this one. Fungi misidentified, the merip could be some kind of honey fungus also. It would also be completely bankers to comment on that tree from these pics. Not enough info.

You could say that about all of us even native Americans. The human race evolved in Africa and that make the majority of us immigrants. Just been here longer.

I also agree but I would as that is the way I came through. In reality anyone carrying out detailed tree inspections should have a level 3 arb qualification. This is discussed in the NTSG guidance in relation to LA inspectors but I think this can be applied across the board. I think this would be reasonable. We also have a bench mark qualification for professional tree inspection in the Lantra PTI certificate. The pre-requisite for entry to the training is an L3 arb qualification so again that seems reasonable. These are issues a judge would look at when he was considering a claim, was the inspector appropriately qualified. There are some really good tree surgeons out there with good knowledge but how would you sell that to a judge without the qualifications to back up what they are saying. I cover some parts of Wales so pm me if you need anything. Hope this helps, Cheers,

The blue book, the good old days! I'm not a fan of this online version but i think it works better if you use it online with all the hyperlinks so i just have a shortcut on the desk top.

No you don't but let the TO know, it will save any issues on the day and build relationships. Someone will phone the council if they see you so it will give them the heads up.

Its a sucker. Prune out the green, if you don't you will end up with a sycamore as the grafted bit gets shaded out.

Hi, Your Acer is a cultivar (cultivated variety) of sycamore and its attractive foliage is caused by a virus. Additional to the foliage the virus makes the tree weaker and as such it will grow smaller hence what the garden centre said. These virus are pretty unstable and can begin to degrade and thus the tree loses its variegated look. If you ask most gardeners what is wrong with your tree this is what they will pit it down to. This is referred to as reversion. It is possible but I doubt this is the cause. More likely the green bit that is growing out is a sucker from the root stock. As these cultivars are weaker than the naturally occurring varieties they have their tops grafted onto a normal root stock. Stronger roots then gives the top bit a boost. Another reason they do this is that you can't propagate a cultivar from seed with any success so they are done by grafting. Problem is you can get the suckers out of the rootstock and being stronger they swamp the tree you bought. They will also produce seed as per the rootstock. Best thing to do is cut them out and the earlier you do this the better. If you post a pic on here I can give you a better answer on the implications of cutting out and a definite diagnosis on the cause. Hope this helps,

I agree with some of the other posts. That looks nothing like leaf miner. Looks more like Guignardia but don't think its that either, no yellow banding around the damage.

What is the post code of the property you wish to survey.

Cheers.

When I do mortgage reports I also assess the condition of the subject trees so if you do look at getting a tree report make sure it covers both of your concerns. Check insurance and qualifications. Insurance should be professional indemnity for advice, not public liability although some may have both. Qualifications should ideally be minimum level 3 arb qualification and a lantra PTI certificate. Mortgage reports should also be in accordance with AMIUG. As Jules said, that is the best way to indemnify yourself.

Fell it.

I find the whole tree value thing can be a little misrepresented sometimes. No doubt large properties in the leafy suburbs get a boost in value but can you really say the same about a scrappy old sycamore in a council garden which is way too small for it? Can't have a BBQ cos of shade, honeydew and greenfly. Does that still add value? I don't see it. The big value for me is the environmental gains, storm water interception, particulate uptake, etc. The effects of PM10 pollution costs the nhs billions per year, more than obesity. Now that would be some joined-up thinking, spend some of the money saved by the nhs on underpinning.