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Old 05-03-2004, 03:58 PM
PK
 
Posts: n/a
Default Cutting Down Tree - Planning Permission?

Mike wrote:
not quite - all trees in a conservation area are automatically
covered by TPO rules ones above a set tronk dia at 1m.

You apply to the council to do work.

They have 6 weeks in which to respond to your application -
approve/reject/impose conditions.

If they do not respond in 6 weeks you can go ahead and do the work.
Our council do actually write to say the 6 weeks has elapsed and the
work can proceed.

pk



Please do NOT give this 'blanket' advice As they say in the Senior
Service 'Different Ships, Different Cap tallies'. Different Councils
operate different rules.

Mike


Sorry Mike, the 6 weeks is a statutory time limit.

Tell the council (it need not even be on their form, a letter can suffice if
it id's the tree and specified the work.

see section 211 (3) (b) (ii) below

Town and country planning act 1990

211.—(1) Subject to the provisions of this section and section 212, any
person who, in relation to a tree to which this section applies, does any
act which might by virtue of section 198(3)(a) be prohibited by a tree
preservation order shall be guilty of an offence.

(2) Subject to section 212, this section applies to any tree in a
conservation area in respect of which no tree preservation order is for the
time being in force.


(3) It shall be a defence for a person charged with an offence under
subsection (1) to prove—
(a) that he served notice of his intention to do the act in question (with
sufficient particulars to identify the tree) on the local planning authority
in whose area the tree is or was situated; and
(b) that he did the act in question—

(i) with the consent of the local planning authority in whose area the tree
is or was situated, or

(ii) after the expiry of the period of six weeks from the date of the
notice but before the expiry of the period of two years from that date.

pk