UKTC Archive

Re: Felling Permission versus Planning Consent

Subject: Re: Felling Permission versus Planning Consent
From: Bill Anderson
Date: Oct 02 2020 09:11:04
In my experience (not vast), the Highways Officer can say whatever he likes
on the grounds of road safety and everybody else capitulates.
Bill.

On Fri, 2 Oct 2020 at 09:46, John Booth <info@xxxxxxxx.co.uk> wrote:

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






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