Quote:
Originally Posted by Janet
""Trees in a Conservation Area
The Town and Country Planning Act 1990 makes special provision for trees
in conservation areas which are not the subject of a TPO. Under Section
211, anyone proposing to cut down or carry out work on a tree in a
Conservation Area is required to give the Local Planning Authority six
weeks prior notice.
The purpose of this requirement is to give the council an opportunity to
consider whether a TPO should be made in respect of a tree."
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AIUI, trees in a Conservation area are subject to the same "qualification
terms " as trees facing a Tree Preservation Order.
So it;'s worth examining TPO qualifications
The Town and Country Planning (Trees) Regulations 1999
The Town and Country Planning (Trees) Regulations 1999
Note exemption 5c
5.?(1) Nothing in article 4 shall prevent?
(c)the pruning, in accordance with good horticultural practice, of any
tree cultivated for the production of fruit; |
Ah, brilliant! That's the words my father quoted to me, but I couldn't find a reference. I didn't think of looking in the TPO legislation since none of my trees are TPO and I would think unlikely to be.
Quote:
Leeds council website at http://tinyurl.com/68wmqex
para 13
"13. Do I always need the planning authority's permission to work on a
protected tree?
Yes, except for: ...
pruning fruit trees in accordance with good horticultural practice,
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Well done! I hadn't found that bit. I wonder whether it appeared (or became more easily found) when they updated the site last weekend?
Quote:
Another TPO qualification you may wish to pursue for any non-fruit
trees is
"Any species of tree may be eligible for a TPO but generally they are
applied to trees of sufficient size or potential to be able to offer
"public visual amenity".
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HTH
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Does indeed! That gives me a lot of ammunition!
I think Bob's suggestion of involving Ward Councillors is sensible should the proposal to include the gardens in the Conservation Area get any further. For the time being I have pointed out that the gardens add nothing to the Victorian character of the area and are not in public view, and it would be a lot more sensible to draw the line at the private road behind the houses. Hopefully they'll see sense.
The stuff that you and Bob have found about the 6 weeks notice being to consider the application of a TPO suggests that one shouldn't have to make more than one application per tree, which again is directly against what the Tree Officer has told me. He wants me to apply again every single time that I want to cut a branch off a tree - possibly twice or three times a year!
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