As far as I am aware there is nothing to stop the developer removing the tree
unless there is I) a condition in place already ii) or is in a conservation
area iii) or its TPO'd. Its his tree and can do what he wants really.
You could advise him to offer to plant a number of extra trees in mitigation
to replace the lost tree or move said tree if it is either worth it or will
survive. Also as Jerry said is there nothing that can be done to carry out
the development whilst retaining the tree. Getting a good dialogue with the
local TO would seem the best solution. And as far as I am aware PP van over
ride a TPO anyway so its not the end of the story if it has one put on it.
Nick Burke
Planning Officer - Arboriculture
Environmental Planning,
Development Services
Sheffield City Council,
Howden House
1 Union Street,
Sheffield,
S1 2SH
T: 0114 2734198
F: 0114 2735002
nick.burke2@xxxxxxxxxx.gov.uk
-----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
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