Planning Issue - Conservation Area

[Hobo]

Just about to put in a planning application with regards a property we are doing which is sat in a conservation area.

We are wanting to change the entrance (driveway), however right in the middle of what would be the driveway itself (to the double garage), is a silver birch tree.

I know from previous experience that they would want to retain this, however this would obviously throw our whole scheme into turmoil. This leaves me with two options. Firstly, apply for planning & ask if we can reposition the tree when they mention it, or secondly, get rid of it prior to submission of planning & they just plead ignorance.

What do you reckon ?

[JustinP1]

I read in my local Warrington paper where a group of 'travellers' had bought an area to park their caravans. However there wasnt a proper entrance available from the road and planning permission was refused as there was half a dozen very large mature trees in the way.

To cut a long story short, these trees somehow got felled, and no-one knows anything about it...

[dunnred7]

I'd urge caution....all trees in a conservation area are protected as if the subject of a tpo...degree of protection depends on the amenity afforded and the size (girth) of the tree at 1.5m above ground level.....

dunno if that helps?

[johnfm]

Depends on how dim a view the planning authority takes on the removal of protected trees. Even if no TPO, I think trees in a conservation area are protected. Fines can be large. Still, Felix Dennis once said it is always easier to apologise for something than seek permission!!

[Hobo]

But thats my points. The council wouldn't even know it was there if it was removed prior to planning submission as its mixed in with a load of other stuff which would not be of interest to them.

[Sam_68]

Depending on timescales, there is always the option of the tree becoming sick or badly 'storm damaged' (the recent winds were terrible, weren't they?).

You then get a tree survey done by an arboriculturalist of the whole group of trees, which naturally identifies the silver birch as being a poor specimen, not worthy of retention. All nice and above board...

[ginettag27]

I'd recommend a pre-planning application chat to guage what sort of thoughts the Planning Dept. have.

If you're local I can help with this - we cover Buck/Berks/Oxon.. PM if you want me to do some legwork this afternoon - no strings attached.

It's worth thinking about the site in totality, i.e. how many trees are there and if you're felling one tree.. Expected lifespan of the tree and health, etc.. Indicate that you'll replace it with another, etc..

I'm sure the planners might be very interested in them, but they aren't usually too stringent, especially if you're going to replace them.. and show willingness to make concessions..

Of course Highways Agency could have something to say about it, especially a new vehicular access.. Although I'm sure you've got your vision splays sorted out..

[Hobo]

Its only this tree which is an issue. There are others on site which would remain however these would be in the gardens so no issues with them.

Wind damage, eh. Didn't think of that & could be a winner. Cheers.

Visibility for new access now sorted (subject to a certin tree not being there).

Thanks again.

[The jiffle king]

I have a similar application in (Berkshire), although the tree in question for me is a semi-mature lime tree. We cannot do anything within 2.8m of the base of the tree. They will be strict on this, and may well have noted the position of every tree on/around your property.

There are ways around this, but removal of the tree will not go down well and many people will complain tot he council if you do this

T-J-K

[Hobo]

I don't think anyone would actually realise as its amongst a load of other cr@p.

[Davel]

Is it in a garden and is there a TPO in place?

[J_S_G]

My completely amateur advice would be to figure out how obvious it would be that the tree vanished, if you were a passer by that actually cared. Is it obscured from view? Quite small?

Entirely hypothetically, I would imagine that the effects of wind/storm damage would be awfully similar to lashing a rope around upper portion of it one dark night and driving a sturdy 4x4 a couple of yards. Doubt there's much to "conserve" about a dead tree.

HOWEVER, the probability of the exact tree that would be in your way suffering from such damage just as you were about to put in a planning application might not go unnoticed. The question then goes back to "how likely is it anybody would notice?"

Obviously, killing a tree is a terrible, terrible thing. Now, if it was a scientologist... Or a transport minister...

[Terry Tibbs]

Sam_68 said:

Davel said:

Is it in a garden and is there a TPO in place?

Neither is especially relevant.

As Dunnred7 said above, trees with a trunk diameter of 75mm or more, measured 1.5m from the ground are automatically afforded similar levels of protection to TPO trees when they are in a conservation area.

The legal position is that you must notify the LPA at least 6 weeks in advance if you propose to fell or undertake any works to a tree in a conservation area. This will allow the LPA to assess the tree and place it under the protection of a TPO if they consider it appropriate.

as an add to this

they can do one of three things
1. tpo it
2. write to you and tell you they have no objections and undertake the works in 2 years
3. do nothing

if they do 1 you can appeal it and make an application to fell it, if they do 2 get one with it but don’t delay as they can tpo it at any time, 3 wait six weeks FELL it next day as they can tpo it

or just put the application in stating the reasons for removing the tree and the advantage in highway terms of the new entrance over the old one and the fact that the loss of the tree will have no detrimental effect on the treed character of the Conservation Area, get highways on your side and play the tree officer off against the highways officer always works with volume house builders

if you apply just to fell it mark the letter 211 notice

[Oi_Oi_Savaloy]

For god's sake don't ring the council and ask if it's a TPO. Whether it is or not it will be in 24 hours!

Ring a tree surgeon (get him to check whether it's a tpo without speaking to the council) and tell him to come round and remove it and the roots before you do anything else AS LONG AS IT IS NOT A TPO ALREADY. That really needs stressing.

Job done.

Do not remove the tree if it is tpo'd. You'll be in a world of hurt if you do.

Edited by Oi_Oi_Savaloy on Thursday 20th March 12:12

[Scraggles]

pity the OP is not a pikey, he could get it felled and no-one would dare to ask any questions due to not wanting to be accused of being a racist....

councils love tpo's and the less attention u can draw to the tree....

[Brown and Boris]

I recall that conservation area consent is required to cut or prune a treee which is more than about 100mm thick at 1m from the ground. Vaving said that we got permission to take down a lod of elders which were overgrowing and I think birch is another 'pest' species. The council were veryu good but it required detaild accounts of each tree. I think the species will help. I would offer to replant some native trees elsewhere.

[Oi_Oi_Savaloy]

To lop,pollard or generally muck about with a TPO requires planning consent - so Boris you're correct.

[Hobo]

Thanks for all the replies. Very interesting.

Think I'll get a specialist invovled prior to any discussions with the council & take if from there.

[paoloh]

Delivery lorry accidentally knocked it down?????