UKTC Archive

RE: Important Hedgerows and Planning Applications

Subject: RE: Important Hedgerows and Planning Applications
From: Jon
Date: Feb 16 2017 12:51:45
We're onto CA's rather than hedgerows but I'm with Oisin.
s211 is a strange beast in that it only offers a defence & doesn't state a 
procedure to follow other than "served notice of his intention to do the act 
in question (with sufficient particulars to identify the tree) on the LPA...."
So a planning application that does not explicitly state that a tree in a CA 
is to be removed may not constitute a defence under s211.......but it might 
if it explicitly stated a CA tree was to be removed; it probably wouldn't be 
sufficient to vaguely state an area will be required to be cleared without 
stating which trees were to be removed. I wonder if a plan showing a tree 
removed (or showing a plan in which the tree was absent because some form of 
development was over it) would be adequate and whether a clear statement in 
words would be better (clearly it would be but whether one is sufficient and 
the other not is the issue).

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