UKTC Archive

Re: RE: Availability of sunshine

Subject: Re: RE: Availability of sunshine
From: Julian Morris
Date: Aug 01 2019 10:50:53
[Text converted from HTML]
5837 seems to be dealing with external sunlighting as shadow, but it is
much more complicated when you're dealing with shade (blockage of diffuse
skylight). The BS for shadow is a very low threshold, and there is no
standard for shade. What matters and what 5837 doesn't seem to touch is
internal sunlight and skylight. SLPDS gives enough to deal with these
very thoroughly and allows them to be checked against BS8206. It's a
tortuous process, though.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk and highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Thursday, August 01, 2019 at 11:45 AM
From: "Jim Quaife" <jq@xxxxxxxxxxxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: Availability of sunshine

Appendix H in BRE's Site Layout Planning for Daylight and Sunlight
"deals" with trees, but although a brave effort it is hopeless. (Years
ago Paul Littlefair told me that tree shade was a minefield!).
Tree shade is entirely subjective, and on the one hand there are any
number of properties with occupants living peaceably with shade, and on
the other the experience of tree officers is that they only ever receive
complaints - thus shade is "unacceptable" in the planning process.
Jim


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Julian Morris
Sent: 01 August 2019 10:08
To: UK Tree Care
Subject: Availability of sunshine

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in BS5837:2012 (Clause 5.2.2) but was withdrawn by BRE and is not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
jamtrees.co.uk and highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Wednesday, July 24, 2019 at 6:21 PM
From: ""nick harrison" (nick_viejo@xxxxxx.co.uk)"
<uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
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
<uktc@xxxxxx.tree-care.info> 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% reduction).

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 ineffective.

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 decision

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
Email :c.hudson@xxxxxxxxxxxxx.gov.uk
www.cheshireeast.gov.uk<http://www.cheshireeast.gov.uk>

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The UKTC is supported by Bosky Trees arboricultural consultancy
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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/




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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/