UKTC Archive

RE: Garden within the RPA of a veteran tree

Subject: RE: Garden within the RPA of a veteran tree
From: Alastair Durkin
Date: Oct 22 2020 15:28:56
Hi Nick, I'm not answering your question, but since its last revision the 
NPPF now states:

"development resulting in the loss or deterioration of irreplaceable habitats 
(such
as ancient woodland and ancient or veteran trees) should be refused, unless
there are wholly exceptional reasons and a suitable compensation strategy
exists;"

Examples of wholly exceptional reasons are given as:

"infrastructure projects (including nationally significant infrastructure 
projects, orders under
the Transport and Works Act and hybrid bills), where the public benefit would 
clearly outweigh the loss or deterioration of habitat."

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Nick Hellis
Sent: 22 October 2020 14:51
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Garden within the RPA of a veteran tree


Good afternoon all.

The NPPF states, ‘planningpermission should be refused for development 
resulting in the loss ordeterioration of irreplaceable habitats, including 
ancient woodland and theloss of aged or veteran trees found outside ancient 
woodland, unless the needfor, and benefits of, the development in that 
location clearly outweigh theloss.’

Does a proposed garden, for a new dwelling, within the RPA of a veteran tree 
constitute 'loss or deterioration of irreplaceable habitat'. The area of the 
garden will be less than 10% of the RPA. The RPA, in it's entirety, will be 
fenced off during the construction activity and only removed post primary 
construction to erect a boundary fence in the RPA. 
No soft landscaping is proposed.

Thoughts?

Nick



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