UKTC Archive

Availability of sunshine

Subject: Availability of sunshine
From: Julian Morris
Date: Aug 01 2019 09:08:22
Does anyone have a copy of "Availability of sunshine" (CP75/75 - AP 155) by 
BRE (01-Jan-1975) that I could have a look at? It is referenced in 
BS5837:2012 (Clause 5.2.2) but was withdrawn by BRE and is not available to 
buy, even from BRE. I don't need to HAVE a copy, i would just like a flick 
through it to confirm it says what I think it says. Any help appreciated.

As a separate question, how many consultants doing 5837 reports present the 
shadow segments in their tree constraints reports? Personally I do not do it, 
I offer it as a service (or full BS8206 daylighting assesments), no-one has 
ever asked for it and no-one has ever protested that I haven't included it in 
my reports.

Julian A. Morris - Professional Tree Services  and
0778 XXX XXXX - 0141 XXX XXXX

Sent: Wednesday, July 24, 2019 at 6:21 PM
From: ""nick harrison" (" 
To: "UK Tree Care" <>
Subject: Re: Tree works apps consents and appeals

 Sorry for the delay in replying... been a busy week! 
I'm a tree officer myself and have asked this question due to some recent 
changes at my LA. The head planner has instructed me to only issue split 
decisions when, for example, an applicant proposes to fell tree A and prune 
tree B and I wish to approve the work for tree B but not tree A. My 
previous experience at other LA's has been to use split decisions for that 
type of scenario but also for lesser works as in my example in the OP. The 
chief planner has countered this by saying it is not a fair process to do 
this as the applicant is unable to appeal  this type of approval. 
My logic knew this to be wrong but wanted to check with fellow arb people 
out there to be sure I wasn't missing something so thank you for the 
helpful comments although I suspect it will fall on deaf ears in the 
planner's office
    On Monday, 22 July 2019, 14:01:43 BST, HUDSON, Chris 
<> wrote:  
The Grounds for Appeal are given in the Planning Inspectorate Guide for 
Appellants which states an Appeal against a Council's decision may be made 
against the following :-

* the council's refusal of consent;
* any condition attached to the council's consent;
* the council's refusal/failure to notify the applicant of their decision 
within 8 weeks from the date they received the application, (in these 
circumstances the application is deemed to have been refused).
* The council's failure to agree a matter that required their agreement 
under the terms of a condition of consent

In your example any appeal would be against the refusal element  (the 20% 

What I understand you are saying is that you which to appeal against the 
lesser element (the approved element) as presumably you consider this to be 

In essence you can't appeal against a consent (unless it relates to an 
attached condition) however in my experience should you appeal against the 
refusal element of the decision, the Inspector will also consider the 
approved element in his/her Appeal Decision.

The decision the Inspector has to make is whether the proposed work to the 
tree would have an adverse impact on the amenity of the area and whether 
the reasons submitted in support of the application justify the work 
submitted. The latter consideration you need to look at carefully as if the 
reasons submitted are somewhat vague then the LA may be vindicated in their 

I have had a number of Appeals similar to this and I believe the Inspector 
would in all likelihood  be required to consider the merits (or otherwise) 
of the two options in any event.

Chris Hudson
Principal Forestry and Arboricultural Officer
Environmental Planning
Development Management
Cheshire East Council

Tel (01625) XXXXXX


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The UKTC is supported by Bosky Trees arboricultural consultancy