I think it all boils down to whether the LPA decide that an outline
application can include siting when there are protected trees within or
near the footprint. Otherwise the siting would need to be part of the
reserved matters. If the outline with siting has already been granted
then I'm not sure how you could argue for the retention of the trees.
The LPA should have considered this already!
Alastair Durkin
Forestry Officer
Planning
Tandridge District Council
Tel: 01883 732863
E-mail: adurkin@xxxxxxxxxx.gov.uk
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-----Original Message-----
From: Simon Keenan [mailto:simon.keenan@xxxxxxxxx.gov.uk]
Sent: 19 February 2008 14:53
To: UK Tree Care
Subject: RE: Outline Planning Permission & TPOs
Does anyone have direct knowledge of the legal position with regards
outline planning permission overriding TPOs?
The Blue Book and wording under exemptions within our TPO documents seem
to be quite clear in that outline permission (in any form it seems) does
not override a TPO but this appears to be a massive grey area. For
instance, does approved outline permission for siting only, in effect
give permission to fell protected trees within the footprint, even if
the development cannot yet be implemented and no trees are shown on
approved plans?
..I may be having a premature senior moment...
Cheers, Simon
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