UKTC Archive

RE: [EXTERNAL] Re: Outline planning approval

Subject: RE: [EXTERNAL] Re: Outline planning approval
From: Mark Mackworth-Praed
Date: Sep 07 2021 15:08:18
And another thing (that's perhaps been overlooked so far in this 
discussion)...depending on the type of site (i.e. if it's not an existing 
garden, orchard, churchyard or public open space), wholesale tree 
felling/clearance may well be prevented/restricted anyway by the Forestry 
Act's requirement for a Felling Licence, outline PP or no outline PP. So the 
absence of a TPO, or the site not being in a CA, doesn't necessarily give a 
developer the green light.
But Al's right - if an application for outline PP comes in on a site which is 
stuffed full of decent trees, the LPA really should make a TPO. That's what 
they be there for, and it's disappointing when the LPA don't do it.    

MMP

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Alastair Durkin
Sent: 07 September 2021 15:07
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Outline planning approval

No, they aren't a waste of time for what they are trying to achieve. Most 
retention conditions are designed to ensure that if retained trees are 
damaged or removed during the construction process, then their replacement 
can be assured. That’s why they say something like:

"No [further] trees or hedges shall be pruned, felled or uprooted during site 
preparation, construction and landscaping works [except as shown on the 
documents and plans hereby approved] without the prior written consent of the 
Local Planning Authority.  Any newly planted or retained trees or hedges 
which are removed, or which within a period of 5 years from the completion of 
the development die are removed, or, in the opinion of the Local Planning 
Authority, are dying, becoming diseased or damaged shall be replaced by 
plants of such size and species as may be agreed in writing with the Local 
Planning Authority."

It means you can't remove them during construction without consent (breach of 
condition), but if they die afterwards, it's not a breach of condition as 
long as they are replaced. 

If the LPA wants to completely protect trees from unauthorised removal then 
they should make a TPO. The Government has always been clear on that in its 
advice in the past  - albeit I'm not certain you'll find it in the current 
PPG. 

Cheers

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 14:24
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: [EXTERNAL] Re: Outline planning approval

OKaaay
So that condition (and the hundreds of others I've seen) is just a waste of 
time.
And as a disinterested advisor I should presumably be advising clients to 
remove any trees they don't fancy, just as long as they do it before doing 
any demolition or breaking ground.


On 07/09/2021 14:04, Howe, Ron wrote:
Correct ... it's not an offence.

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 13:11
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] Re: Outline planning approval

Interesting.
So someone taking on a site with PP could start off by clearing all the 
trees that weren't protected by CA or TPO, without any penalty.


On 07/09/2021 12:51, Alastair Durkin wrote:
A condition only kicks in once a development has commenced/implemented. 
Otherwise it's as Bill says.

Alastair
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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
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https://www.stockholmtreepits.co.uk