UKTC Archive

RE: Felling Permission versus Planning Consent

Subject: RE: Felling Permission versus Planning Consent
From: John Booth
Date: Oct 02 2020 08:46:49
more interesting still if a replacement planting condition is applied!? :O)

John

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Callum McCutcheon
Sent: 02 October 2020 09:09
To: UK Tree Care
Subject: Re: Felling Permission versus Planning Consent

Hi All

Many thanks for the replies which seem to back up what I'm saying.

In this case it would be impossible to comply with the planning 
conditions without removing the trees, but we have been told by the LPA 
and Scottish Forestry that we still require felling permission. I'm sure 
we could argue our point but from the client's point of view he wants to 
follow the path of least resistance so we will be applying for the 
felling permission.

The situation will get interesting if we are refused the felling 
permission for what ever reason!

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 19:47, willross583@xxxxxxxxxxx.com wrote:
Callum,
             We had a similar case a couple of years ago and took counsels 
advise, this was in England but it was similar to that cited by Jim , in 
that necessary to implement the PP but we also had to apply for a felling 
licence which was another story, feel free to contact me directly

Will

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info> On Behalf Of Rupert Baker
Sent: 01 October 2020 18:51
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Felling Permission versus Planning Consent

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








-- 
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