In a message dated 08/09/2006 00:51:11 GMT Standard Time,
anthony.j.mills@xxxxxx.com writes:
So far as I know there
is nothing to stop the owner developing the site as they choose in that
way. There is no presumption, *yet*, that all trees should be assessed for
potential amenity value by an independent arboriculturalist before felling
is permitted. Now there's an idea... All buildings, new or
modifications, have to be approved by the LPA, and are inspected.
You seem to have a degree of faith in the 'State' there Anthony that I
certainly do not share. I think that LPAs have all the tools they need in the
Blue
Book and BS5837 to address all the matters you raise. All they need to do is
use those tools wisely.
Drawing a line in the sand, digging into a bunker and keeping your head down
is not the way forward in any negotiation about anything. Keep in mind the
principal that by and large the State should keep its nose out of our
business
when it affects no-one other than ourselves. If I choose to cut down my
Mulberry in my back garden and replace it with a garden gnome, fine. I can
take
the derision of my friends.
If a developer wants to build a block of flats and the LPA say "OK but keep
that tree that will be hidden from the public at large by the block," well,
that is really a decision for the developers marketing department or the
buyers. The LPA should keep its interference to matters that genuinely
affect the
populace, so traffic, street scene, services; fine. Otherwise butt out as
Bart
Simpson might say.
As for your veteran tree scenario, it surely deserved protection before it
was a potential development site, and it might be that English Nature have
protected it with the CROW act anyway. Round here you've got a
cat-in-hell's-chance of developing a site with such a tree. Which is not to
say that there
aren't Planners who wouldn't recognise such a tree's value but that's
another
problem for us.
Bill.
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