UKTC Archive

RE: Felling Permission versus Planning Consent

Subject: RE: Felling Permission versus Planning Consent
From: Alastair Durkin
Date: Oct 01 2020 14:56:21
Hi Callum

I certainly don't profess to be an authority on the Scottish Regs, however, 
the Reg 4 Exemption states that the felling must be "..immediately required 
for the purposes of carrying out development authorised by planning 
permission..."

So it could be argued that the felling isn't immediately required as you 
could crack on with the rest of the development whilst still applying for the 
licence. If I were you, if it's not 'immediately required' and both Scottish 
Forestry and the LA says its necessary, then I'd make the application. It may 
well be that if push came to shove they would be on shaky ground, but arguing 
the toss will waste more time for both you and your client than filling in a 
felling licence application. 

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Callum McCutcheon
Sent: 01 October 2020 14:06
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Felling Permission versus Planning Consent

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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