UKTC Archive

RE: [EXTERNAL] Re: Outline planning approval

Subject: RE: [EXTERNAL] Re: Outline planning approval
From: Howe, Ron
Date: Sep 07 2021 13:02:55
Jerry,

Does this not hark back to Section 197 of the Town & Country Planning Act 
1991. Where the LPA should be prepared to protect the trees they want 
retained with a TPO, otherwise they have no control?

Ron





-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jerry Ross
Sent: 07 September 2021 12:24
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] Re: Outline planning approval

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Surely they are protected by condition, irrespective of CA or TPO protection, 
at least until the planning app has been discharged. It's not very strong 
protection (what would an LPA do if the tree was to be removed?), but still...


On 07/09/2021 11:51, Bill Anderson wrote:
Are they protected except by the planning permission? If so I can't
see that removing them is prohibited at all. If they're in a
conservation area then I'd have thought the planning permission only
permitted their removal when reserved matters and conditions had been 
discharged.


On Tue, 7 Sept 2021 at 10:51, Jerry Ross <trees@xxxxxxxxxx.co.uk> wrote:

So, the layout is indeed a reserved matter.
Which places the authority in a difficult position if the punter who
has purchased the site interprets the condition (which clearly
implies that trees shown as being removed *can* be removed) by
cracking on getting rid of them.


On 07/09/2021 10:15, Alastair Durkin wrote:
Hi Jerry

I would say it depends whether layout was a reserved matter or not.
If
layout was reserved then the condition is fairly meaningless, and
probably nobody checked the wording. If layout was part of the
approval then you have your answer.
Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <
uktc-request@xxxxxx.tree-care.info> On Behalf Of Jerry Ross
Sent: 07 September 2021 09:25
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Outline planning approval

An 'indicative' layout plan is submitted for outline planning. It
shows
a layout requiring the removal of a tree or trees. Outline consent is
granted with a condition requiring that none of the existing trees or
hedgerows on the site shall be removed 'other than those specifically
shownto be removed on the approved drawings'
Bearing in mind this was an 'indicative' layoutsubmitted for 'outline'
consentdoes that mean that trees shown as requiring removal can be
taken
out without further ado?
As it happens, a relatively minor redesign could enable them to be
retained As it also happens, the trees to be removed are ashes and
both appear quite healthy.  Another ash, shown as /not/ requiring
removal, has signs of early CAD (Chalara ash dieback)




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