UKTC Archive

Felling Permission versus Planning Consent

Subject: Felling Permission versus Planning Consent
From: Callum McCutcheon
Date: Oct 01 2020 13:33:50
Hi All

I wanted to get the collective's feedback on a project that I'm involved in which relates to a single house development which has full planning consent.

The site is within an open field and there are no trees within the actual boundaries. However, there is a belt of Sitka growing just outside of the boundaries on a road verge (under the same ownership as the site). Those trees are within the visibility splays that have been conditioned as part of the planning consent.

The LA have said that a felling permission will be required to fell the trees within the visibility splays because they are outside of the site boundaries, Scottish Forestry also say that this is the case. My thinking is that because the visibility splays have been required by a planning condition and it is impossible to comply with the condition without felling the trees, then a felling permission exemption would apply (Exemption 7- trees which 'need to be removed for the purposes of carrying out development authorised by planning permission' (Felling exemption number 7 from Scottish Forestry guidance ' Tree Felling in Scotland-Getting Permission')).

It is also my understanding that the planning consent would override any felling permission so in the event that the felling permission was refused, the developer would still be within their rights to clear the visibility splays in order to comply with the planning consent. Otherwise the felling permission refused would stop the approved development being built.

Am I right?

Many thanks in advance

Callum

--
Callum McCutcheon BSc (Hons), M.Arbor.A
Principal Arboriculturist
Urban-Arb LLP
www.urban-arb.com
Tel: 01343 XXXXXX
Mob: 07766XXXXXX




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