In a message dated 27/07/2009 09:21:05 GMT Standard Time,
info@xxxxxxxx.co.uk writes:
I am not at all sure that tree maintenance can be required by means of a
condition!?
I thought a Condition could be anything as long as it's reasonable? Thus
your roof tiles will be this colour, your front garden wall will be no more
than 600mm tall, your landscape will include this established tree pruned in
this manner and maintained.... I accept this condition doesn't so much
cease as fade.
I seem to fairly regularly see trees retained as part of a 1970s condition,
but then accepted as unworthy of TPO and outgrowing their setting. The
(admittedly) casual advice I've received from Planning Officers is that
they'd
struggle to enforce a planning condition that related to a building 10 or
20 years old. Thus a tree might be retained after pruning as part of a
Condition but enforcing a repeat pruning would be difficult, even more so if
the building has changed ownership.
As I see things the average builder will agree most things in order to get
his planning permission, which is all a Condition is isn't it?
Ultimately it will come down to "can you TPO it?" And if it needs pruning,
you probably ought not. But in ths short term, a condition requiring
retention after pruning might just permit a development to "settle" into the
landscape, so to speak.
Bill.
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