No replies thus far then Andy, and I suppose it's a mite esoteric. I ran the
question past a few folk here and the response seemed to be that the
application for a LDC should have been recognised as being simultaneously a
tree work notification, or if that was not obvious on the ground (visible
roots etc) then the possible threat to roots should have been recognised
and consideration of a TPO made. None of which answers the question, alas!
Quoting AClout@xxxxxxxxx.gov.uk:
Does anyone have any previous experience of refusing applications for
LDC's
for new driveway access from an adopted highway, where the health and
stability of trees within a conservation area will be adversely
impacted
upon as a result of constructing driveway or hardstanding for the access
to
serve that form part of the submitted detail of the application?
What are the limited purposes of lawfulness that a certificate confers?
Does the granting of a certificate give lawfulness to the requisite of
root
damage that would be caused as a result of these operations being
'conclusively presumed' in the granting of an LDC?
Our legal representatives are posing the question to an inspector in a
written rep's submission. I would be grateful for any previous history
in
this respect.
Many thanks
Andy Clout
Landscape and Tree Officer
Waverley Borough Council
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