Hi Phillip
The 1999 regs. subtly changed the wording of the exemptions contained in the
1966 and 1969 Model Orders. These had stated 'that the cutting down,
topping....etc where immediately required for the purposes of carrying out
development....'.
The 1999 Regs in article 5 now states 'the cutting down.....etc where that
work is required to enable a person to implement a planning permission
(other than an outline planning permission...etc)'.
This is imported into the Conservation Area regs. by Section 10 (1) (a)of
the 1999 Regs.
So, the implication for a tree protected by a TPO made post August 1999 and,
by the same token, a tree protected by growing in a Conservation Area is
that if its removal is needed to enable a person to implement a planning
permission then that work is exempt.
Don't even go to the older orders; there was no exemption under the 1953
Model Order and strictly speaking a separate consent is needed to fell
trees, unless the LPA had added words of their own to the order.
On this occasion I guess that we would say that the tree could be felled
under the exemption. The full extent of the engineering works, or at least
the limits of excavation should have been sorted out beforehand. Hindsight
is a wonderful thing!
Richard Nicholson
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