If the trees were not in ownership then they would - or could - serve as a
'Ransom strip' and the development, despite being granted permission, could
not proceed. In this case, all in same ownership, I'd say all you needed was
a felling licence - but as others have said, I'm not versed in Scottish Law -
and maybe you'll be a separate country in the not too distant future....
Atb
Rupert
-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info On Behalf Of Jim Quaife
Sent: 01 October 2020 17:59
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Felling Permission versus Planning Consent
Para 18.2.9 in Mynors
In short an FL is not required where felling is immediately required for the
purpose of carrying out consented development. There is more too it (of
course!), but that is the principle.
Jim
-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Callum McCutcheon
Sent: 01 October 2020 17:40
To: UK Tree Care
Subject: Re: Felling Permission versus Planning Consent
Thanks for the replies.
The full planning consent has gone through so I can't imagine the client
will be too keen on changing the application boundary and resubmitting.
Jon- yes, the belt of Sitka is outwith the planning boundary and the access
has been routed though an existing gap in the trees to the road.
I'm fine with making an application for the felling permission but it seems
like we are adding another layer of bureaucracy to the planning process. I've
never come across this before and it doesn't seem reasonable.
Kind regards
Callum
Callum McCutcheon BSc (Hons), M.Arbor.A
Principal Arboriculturist
Urban-Arb LLP
www.urban-arb.com
Tel: 01343 XXXXXX
Mob: 07766XXXXXX
On 01/10/2020 16:51, Jim Quaife wrote:
Vision splays outside an application site boundary are a matter of highway
regs. If the consented application specifies the removal of trees within
the application site, their removal has consent.
I hesitate to introduce logic to the TCPA but if an LPA were to separate
the two it would be a bit non-sensical.
In my experience resolved highway vision splays are a material
consideration in the planning process.
Jim
-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Alastair
Durkin
Sent: 01 October 2020 16:31
To: UK Tree Care
Subject: RE: Felling Permission versus Planning Consent
I'm not sure how this works in Scotland Jon, but in England if you want to
actually change the site boundary of a planning permission, then it's not
an amendment, it's an entirely new application. Bit of a faff, which is why
I suggested just applying for the licence.
Alastair
-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
<uktc-request@xxxxxx.tree-care.info> On Behalf Of Jon Heuch
Sent: 01 October 2020 16:26
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Felling Permission versus Planning Consent
I can't give you chapter & verse for Scotland, but you have outlined a
situation where the council has conditioned visibility splays "outside of
the boundaries". So if the condition applies "outside of the boundaries"
the implication is that planning permission has been granted on an area
wider than just the site itself.
I would go back to the application form & see what the plan submitted shows.
If it doesn't cover the sitka too a possible modification might be useful.
I assume that the visibility splays are required for access that is to run
through the sitka? I think that you want planning permission to cover the
whole area and if this is granted then the need for a felling licence
should evaporate.
Jon
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
The UKTC forum is supported by Bosky Trees arboricultural consultancy
and Stockholm Tree Pits https://www.stockholmtreepits.co.uk
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits https://www.stockholmtreepits.co.uk
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits https://www.stockholmtreepits.co.uk
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk
