UKTC Archive

RE: Important Hedgerows and Planning Applications

Subject: RE: Important Hedgerows and Planning Applications
From: Oisin
Date: Feb 16 2017 11:59:11
Hi Jim

I'm struggling with what I think you're saying. It is my contention that if I 
have a site in a CA and make an application for development, which includes 
the removal of trees, I do not believe I need to make a separate CA Notice. 
(Let's remove some ambiguity and say we are talking about trees outside of 
the building footprint and hard landscaping etc). I am mindful that the 
purpose of a S211 Notice is to give the Council time to consider making a 
TPO; and that under s197 of the TCPA the Council has a duty when granting 
planning consent to consider the making of TPOs or planning conditions in 
order to protect trees. Why then would the applicant or the LPA do that 
twice? Further, why bother in writing AIAs to address any other trees than 
those directly affected by the development.

If I understand you correctly, I disagree.


Oisin Kelly BSc, MArborA, MAE
Arboricultural Consultant
M: 07570 XXXXXX
E: oisink@xxxxxxxxxxx.com

View my LinkedIn Profile

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jim Quaife
Sent: 16 February 2017 11:50
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Important Hedgerows and Planning Applications

Hi Oisin,
A s211 must be submitted in its own right, and is not inferred if proposed 
work to a tree (or trees) in a CA is included as part of a planning 
application.  If an applicant tried to be cheeky and submit a discrete s211, 
then my advice to the LPA would be to make a TPO, as there would be enough 
time in the 8 week (or longer for any number of reasons) planning application 
process to not confirm it if that was the decision.
Just picked up the last post from Chris - Outline consent rests on matters 
which are reserved, and if an LPA is not happy that consent would be given 
for a component of the application with which it disagrees, it can either 
refuse the application on that single ground (with comprehensive 
justification!), or modify the consent accordingly.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Oisin
Sent: 16 February 2017 11:23
To: UK Tree Care
Subject: RE: Important Hedgerows and Planning Applications

Jim -please expand

Oisin 

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jim Quaife
Sent: 16 February 2017 11:19
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Important Hedgerows and Planning Applications

Just a quick one - work to trees in a CA as part of a planning application is 
not a s211 Notice.  If it were it would fall foul of the 6 week determination 
period.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Edmund Hopkins
Sent: 16 February 2017 10:28
To: UK Tree Care
Subject: RE: Important Hedgerows and Planning Applications

By the same token would you also say that tree felling details supporting a 
planning app in a conservation area amount to a 211 notice, Chris?

Edmund Hopkins
Tree Officer
Heritage and Urban Design
City Planning
0115 XXXXXXX

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of HUDSON, Chris
Sent: 16 February 2017 10:23
To: UK Tree Care
Subject: Important Hedgerows and Planning Applications

I think this may  have been touched on before on UKTC. If a planning 
application (Outline or Full) includes details of the removal of an Important 
Hedgerow; does it  constitute a formal notification of intent under the 
Hedgerow Regulations.

I would say yes although I'm in dispute with others on this


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The UKTC is supported by Bosky Trees arboricultural consultancy
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