UKTC Archive

RE: [EXTERNAL] Re: Outline planning approval

Subject: RE: [EXTERNAL] Re: Outline planning approval
From: Mark Hinsley
Date: Sep 09 2021 09:09:04
That is the eternal problem with the misuse of TPOs - is it worth a High 
Court Challenge?

Mark

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Bill Anderson
Sent: 07 September 2021 16:31
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: [EXTERNAL] Re: Outline planning approval

The TPO guide is quite clear Mark, Areas are temporary. I'd object to an Area 
Order and get something in writing that said it was temporary.
Something that I could wave about 5 years later to show that it was never the 
intention for it to be permanent. Preferably minuted in whatever committee 
meeting confirmed it.

I've currently got an LPA trying to tell me that objections won't be 
considered unless there's more than 5 objectors, which I'd say is simply anti 
democratic and probably worthy of High Court challenge.


On Tue, 7 Sept 2021 at 16:24, Mark Hinsley <markhinsley@xxxxxxxxxxx.info>
wrote:

We would object to it being an 'Area Order' but state in that 
objection that we would accept one based on groups and individuals. If 
you don't object (or even if you do) some LPAs are still confirming Area 
TPOs.

Mark

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Bill Anderson
Sent: 07 September 2021 14:38
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: [EXTERNAL] Re: Outline planning approval

Well not if it's a conservation area or there's a TPO..... Permission 
to work on those only exists once the planning permission is met, ie 
the conditions are discharged.
I keep telling Planners to serve a simple "area" Order (if they're
concerned) on the grounds "it's just a precaution to prevent 
pre-emptive felling." (While the planning application is in progress.) 
This is impossible to object to wouldn't you say?

On Tue, 7 Sept 2021 at 14:24, Jerry Ross <trees@xxxxxxxxxx.co.uk> wrote:

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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The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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