UKTC Archive

RE: Works to a local authority tree in a conservation area

Subject: RE: Works to a local authority tree in a conservation area
From: Alastair Durkin
Date: Jun 17 2014 15:42:37
This seems a complete waste of time and money. Presumably the local authority 
can just discuss it again (include reference to the conservation area) and 
make the same decision? Where does this material consideration come in? 
Couldn't anything potentially contentious be a material consideration?  I 
don't really understand it.

Alastair

-----Original Message-----
From: Charles Mynors [mailto:charles.mynors@xxxx.eu.com]
Sent: 17 June 2014 15:51
To: UK Tree Care
Subject: Works to a local authority tree in a conservation area

The attached may be of interest.  It indicates that a local authority 
carrying out works to one of its own trees in a conservation area needs to be 
careful to consider the effect of the works on the conservation area, even 
though the duty under section 72 of the Listed Buildings Act does not 
strictly apply in such a case.  I am not sure whether the latter is correct, 
although it might be – but that does not matter, as the judge is in effect 
saying that you should assume that it does apply, even if in fact it does not.

Best wishes,

Charles Mynors

____________________________________________________________

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Temple London,  EC4Y 7BY

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Charles Mynors

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