UKTC Archive

RE: Important Hedgerows and Planning Applications/protected trees

Subject: RE: Important Hedgerows and Planning Applications/protected trees
From: Hare, Gareth
Date: Feb 16 2017 12:05:33
Hi all, there are various modifiers and qualifiers preceding 'planning 
application' in relation to protected trees (included, part of, connected 
with etc.).

The exception in the regs -as previously mentioned- says: 'necessary to 
implement a planning permission'.

My take on this, perhaps the wrong one, is that if works are required to 
enable construction then that is exempt. If the tree works are separated from 
such works then they are not necessary to implement the consent and therefore 
should go through the relevant process whether that be application under the 
TPO or S211.

I'm sure there are alternative views and I'd be interested to see what they 
are and why.

Regards

Gareth

-----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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