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Re: Development Site Tree Removals

Subject: Re: Development Site Tree Removals
From: Jerry Ross
Date: Jun 24 2008 13:08:04 
Mark -

Responses so far have been distinctly tree officer biased.
I assume you're a private consultant or contractor, not a TO, so you're
not in a position to slap on a TPO yourself. And, if you want to keep in
with this guy (do you?) you may not want to tell the local authority of
his (possible) intentions.
Of course if the local TO is a UKTC subscriber, the tree probably HAS
got a TPO on it by now. But if not, my understanding is that if yer man
goes and fells the tree, as long as there are no other constraints (cons
area, felling licence, bats, nesting birds etc. etc. ) he's quite within
his legal rights.
But, as you say, if he wades in and fells it he'll screw up any chance
of a satisfactory relationship with the local authority. I'd expect them
to TPO everything remaining and also pick through the debris of this
tree for any signs of disturbed bats or birds' nests and generally to be
as obstructive as they can. Also he'd be likely to antagonise local
residents and stir up a whole raft of objections.
All of which would cause delays and are likely to cost him time and
therefore money. 
But not as much as £500k.
I'd advise him against and point out that an objection from a TO is not
the end of the story. (Nor is a TPO come to that) - as you say, this is
early in the negotiations.
But does this tree REALLY prevent economic development of the site? or
does it just mean that he needs to rethink the layout? (Did the design
make any attempt to take this tree into account? Was the design done
before you did your constraints report, I wonder, or was that an
afterthought? )
But whatever happens, if you CAN'T dissuade him, I suggest you take good
care to dissociate yourself from any action he takes. 


mark wrote:

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 




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