On 18 December 2001 18:20, Andersonarb@xxxx.com [SMTP:Andersonarb@xxxx.com]
wrote:
In a message dated 18/12/01 17:06:18 GMT Standard Time,
treecision@xxxxx.co.uk
writes:
The LPA, who do not have SPG in relation to trees and did not see fit
to put
a TPO on this high amenity value tree, have allowed development to
within 5m
of the stem centre on one side and 7m on another, on the adjacent land.
While in principle I think you're bang to rights Jules, let us consider
thes
cenario thus:
The LA TPO the tree then refuse the builder plannig permission as
development
will affect the tree.
The builder then goes to the tree owner and says "your tree is devaluing
mys
ite therefore you owe me ?Xk to compensate me for my financial loss"
The tree owners then go to the LA and say "your TPO has just cost us
?Xk,t
herefore we expect compensation!"
Therefore by ignoring the tree the LA have saved everybody a pile of loot
and
trouble.
Now I don't like the above one little bit, but if what I think Charles
Mynors
said a couple of years ago is correct; that is "a neighbour has an
absoluter
ight to abate nuisance whether or not a TPO is in force" then I don't
think
that anyone is going to achieve anything.
There were a lot of dropped jaws when Charles announced that one but I'm
sure
thats what he said. Anybody else there (Midlands Branch AA meeting) to
testify?
Of course if you only have a right to 'abate nuisance' then perhaps
there'sa
n argument to be had but my understanding is that if the above is true,
then
if the famous Leeds City Council v Sun Timber Company had gone to appeal
then
the Noble wigs would have let em off! (sorry "orf")
It seems to me that devaluing a plot of land is definitely a 'nuisance.'
Maybe the Town Planners have got an unwritten agreement that they always
refuse permission on other grounds.
And remember that by definition "you cannot be a nuisance to yourself."
Therefore the Planners can refuse permission because of trees on the plot
but
not because of trees off the plot.
Tricky one; I'd love Charles to get his book published so we can argue
thet
oss about such matters in this forum. (Assuming any of us can afford it;
Ib
et it costs more than Giles Biddle's tome!)
Looking forward to the comments on the above.
Bill.
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I've been waiting for someone more knowledgeable than myself to chip in but
its all very quiet so here's my two pennorth. Of course the tree should
have been TPO'd at the outset, but when it wasnt the owner should have
pressed for a section 201 emergency TPO when the lopping request came in.
Maybe they did. Regardless of the Charles Mynors pronouncement the LPA
should have made the TPO and having failed to do so should be forced to
make a public defence. Perhaps there is an ombudsman issue Julian? The
damage is done so this really is all about better practice next time.
Possibly the loppers will get done for theft but I dont think we should
regard them as villains in this piece. If your owner is a typical Wildlife
Trust it should have good publicity and lobbying skills to bring into play.
Is devaluing land nuisance? The value of the land remains expectation only,
until the planning consent is granted. It is reasonable to grant consent
subject to conditions, so where's the beef? Is this about refusing planning
permission, or designing and locating a building to minimise future
problems with light.?
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