UKTC Archive

RE: Garden within the RPA of a veteran tree

Subject: RE: Garden within the RPA of a veteran tree
From: Nick Hellis
Date: Oct 22 2020 15:54:31

Alastair,

At least I am now up to speed with the latest NPPF.

Nick

------ Original Message ------
From: "Alastair Durkin" <ADurkin@xxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Thursday, 22 Oct, 20 At 16:28
Subject: RE: Garden within the RPA of a veteran tree
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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The UKTC forum is supported by Bosky Trees arboricultural consultancy and
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https://www.stockholmtreepits.co.uk