Mark,
Trees are a material consideration in the planning process and subject to
their condition / quality (BS survey category) may be a material constraint
to development. The duty under the TCPA rest with the LPA who have powers to
protect existing trees or make provisions for new landscaping as a condition
to planning permission.
If the LPA value the tree then they should consider a TPO, even if it's only
in the short term - they don't have to confirm the order after all.
PJ.
Paul Johnston
Arboriculturist
Fareham Borough Council
www.fareham.gov.uk
01329 236100 ex4451
-----Original Message-----
From: mark [mailto:mark@xxxxxxxxxxxxxxx.com]
Sent: 03 November 2005 03:11
To: UK Tree Care
Subject: Development Site Tree Removals
Hi
I have just undertaken a 5837 survey for a client who is livid that the local
tree officer wants to retain a B1 class tree which prevents a third house
being built £500 000 less for the development etc.
Although we're still at the early stage of negotiations.
As yet the site does not have a TPO on it and in his agitation he talked of
going and felling his own tree on his own land.
Sounded like Bravado - but I couln't gurantee it. As an application has been
submitted the trees are a material consideration - I pointed out the
antagonism felling the tree would cause with the council - but presumably if
the tree is a material consideration there is also some legal comeback if it
is destroyed in the abscence of a TPO.
If somebody could firm up my knowlege on this I'd be grateful as it might
help to stay his hand.
Regards
Mark Nankervis
Yours
Mark Nankervis
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/
If you believe that you have received this message in error, please
contact postmaster@xxxxxxxx.gov.uk and include a copy of this email.
Communications using this email system may be monitored.
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/
