UKTC Archive

RE: [EXTERNAL] Re: Applying to prune OR fell a protected tree at the same time

Subject: RE: [EXTERNAL] Re: Applying to prune OR fell a protected tree at the same time
From: Alastair Durkin
Date: May 04 2020 12:47:23
I think we'd have to agree to disagree Ron. The works would have been done 
without consent. They had consent to fell, subject to replacement planting 
but they didn't have consent to lop/top. The tree doesn't have to be 
destroyed for an offence to have been committed, the offence would be to 
contravene the provisions s210(4). 

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Howe, Ron
Sent: 04 May 2020 13:32
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Applying to prune OR fell a protected tree at the 
same time

You wouldn't have a case to prosecute Alastair, assuming they had destroyed 
the tree for purposes of amenity. You would however have a case to pursue the 
replacement of the tree but, that is not a criminal matter.

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Alastair Durkin
Sent: 04 May 2020 12:07
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Applying to prune OR fell a protected tree at the 
same time

Hi Ron, I disagree on that  - what if you have accepted felling on the basis 
of a replanting condition? 

If somebody then went and mutilated the tree and left it in the ground, then 
you would be well within your rights to prosecute. They have undertaken works 
without consent, and there is a harm to amenity to pass the public interest 
test. 

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Howe, Ron
Sent: 04 May 2020 11:59
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Applying to prune OR fell a protected tree at the 
same time

Ha ha ha, you always like to throw a spanner in the works Bill.

I get this a lot and I tell people that they don't have to fell the tree if 
they don't want to. Nevertheless, as a TO if you have accepted the loss of 
the tree in principle then you should not be concerned with what happens to 
it afterward. So, it is not an enforceable matter. However, consents are 
valid for 2 years only (or less if specified) and for one occasion. So, that 
TO gets control again at a later date if the tree isn't felled!

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Bill Anderson
Sent: 04 May 2020 11:35
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] Re: Applying to prune OR fell a protected tree at the 
same time

Warning: email from outside of MVDC - if in any doubt do not open links or 
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I was once told by a TO "you can fell it, or crown thin it, but you can't 
prune it." His reasoning was that he didn't want a tree standing up as a 
example of bad pruning. (He didn't think it was possible to prune it
acceptably.) Not sure how he'd have enforced that if we'd got permission to 
fell it and then pruned it, but his reasoning was clear.
Bill.

On Mon, 4 May 2020 at 11:30, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

It’s a reasonable question John. But where would you draw the line?
You could say the same about building a house - we want it to look 
like this, or like this, or we might like two, or three garages, with 
a basement, or without a basement, two floors, or three?

It would make it an incredibly difficult situation to manage if you 
had multiple trees, with multiple specifications. You have to draw a line.

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of John Hearne
Sent: 04 May 2020 11:21
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Applying to prune OR fell a protected tree at the same 
time

I don't see why an LPA can't determine such an application? They could 
refuse both, consent to both, or refuse one and consent to the other.
What's the problem?

On Mon, May 4, 2020 at 10:51 AM "theapsy@xxxxxx.com" < 
uktc@xxxxxx.tree-care.info> wrote:

OK, thanks guys.
I'll apply separately.
Cheers

Trevor Heaps BSc(Hons), MICFor, M.Arbor.A Chartered Arboriculturist

Trevor Heaps Arboricultural Consultancy Ltd.
12 Plover DriveMilford on SeaHampshireSO421 0XF
Mobile: 07957 XXX XXX
E-mail: trevor@xxxxxxxxxxxx.co.uk
Website: http://www.trevorheaps.co.uk

    On Monday, May 4, 2020, 08:53:30 AM GMT+1, Alastair Durkin < 
adurkin@xxxxxxxxxx.gov.uk> wrote:

 I agree with Charles. It's not a clear specification. What do you 
want to do? Ok, now justify it within the reasons.

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Charles Bennett
Sent: 02 May 2020 17:01
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Applying to prune OR fell a protected tree at the same 
time

Regulation 16 (1)(c)(ii)such information as is necessary to specify 
the work for which consent is sought.

The guidance says the application should '*be accompanied by such 
information as is necessary to clearly specify the work for which 
consent is sought*'.

Pruning or felling, is not a clear specification, they are 
completely different beasts. It's your application, what do you want 
to do? It really isn't for a tree officer to decide that.

As a tree officer I'd never validate such an application, it's just 
not clear what the applicant wants.

Charles

On Sat, 2 May 2020, 16:11 "theapsy@xxxxxx.com", 
<uktc@xxxxxx.tree-care.info>
wrote:

Hi All,
I recently applied to prune OR fell a protected tree - on the same 
application.
I've done this a few times before and received a few similar 
applications when I worked as a Tree Officer.
However, on this recent occasion, the Council wrote back and said 
the application was invalid (because I'm not allowed to apply to 
prune OR remove).
Can anyone clarify whether this is actually possible and, if so, 
where is it mentioned in the legislation?
Cheers
Trevor


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