UKTC Archive

Planning permission and TPOs

Subject: Planning permission and TPOs
From: Baker,Ruth (Environmental Services)
Date: May 23 2006 11:30:03
Hi All,

I'm after a bit of advice...

A local District Council have granted planning permission for an
extension to a house that is within a Conservation Area and all trees on
site are in a County Council TPO.

The County Council were not consulted on the application and the
application stated that "no trees would be affected by development".
Some how the District planners failed to notice the 80ft beech 7 metres
away from the house! Not to mention the other beech and yew trees
surrounding the property!!!

The first I heard of this planning permission was when a local tree
surgeon contacted me to discuss the felling of a stonking great beech
tree (diametre @1.5 is approx.1m) covered by a County TPO. Once the
extension is built,  the tree will have the new building within 3metres
of its base. Needless to say the extension will also be constructed on
standard strip foundations. There are also no planning conditions to
protect surrounding trees during development.

The owner now wishes to fell the large beech as it will be too close to
the new extension and with the predicted level of root damage, at the
moment I don't see how I have any choice but to grant the felling of
this tree! (Even though I really really don't want to).

Although T&CPA exempts trees directly in the way of development where
full planning permission has been granted, strictly speaking it is only
the root system of this tree that would be directly in the way of this
extension and there are alternatives to strip foundations that would
mean the trees' root system would not be so severely damaged. 

What I would like to know is - Can I as TPO Officer, require the
landowner to use less damaging methods to construct this extension now
that they have full planning permission? And - Can I require them to
take reasonable steps to protect the remaining trees on the site during
construction in line with BS5837, as the District Council did not
condition this when granting permission? 

If anyone has any other ideas of how this tree can be saved from cetain
death, please let me know.

Cheers,

Ruth

P.S. If a quality assessment had been carried out on this beech it would
have been a category A1/A3



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