Planning conditions which ask for existing or new planting to be maintained
and retained "in perpetuity" or "thereafter" whether trees or landscaping,
and section 106 planting which is a Land Charge are all on the land not the
people, and get passed from owner to owner.
If someone phones asking if a tree is protected I check whether it's a TPO
or in conservation area but also ask the caller if the property has had any
planning consent in the last 10-15 years that had tree conditions because
earlier conditions often just have a 10year limit rather than say "in
perpetuity" or "thereafter". Other than that I rely on people calling the
council to inform on their neighbours. If someone chops a tree down which
should be retained by planning conditions then they get chased up for
"breech of condition".
Carol
PS sorry to everyone for my outburst earlier but I'm full of cold and was in
a mardy mood.
-----Original Message-----
From: Collette Briggs [mailto:hazel_catkins@xxxxxxxx.com]
Can you impose a condition on a person or persons forever?
If so what happens when they die? Does the condition pass on to the next
legal owner?
How do LA's enforce this?
It seems a bit unworkable to me?
C
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