"Peter Crosland" wrote in message
...
Down here there is a presumption that permission should be sought if the
diameter of the tree is above a certain amount (30cm I think) or if you
are
in a conservation area or a preservation order applies. but I think it
varies a good bit between local authorities.

Sorry but you are wrong. The rules are the same across all of England and
Wales with the exceptions that I mentioned. They may be different within
National Parks.


There is a slight matter of .... 'Interpretation'

Please don't give a 'blanket' advice on this matter.

Mike
:-))


--
Federation of Naval Associations Reunion Hayling Island March 5th - 8th.
H.M.S.Loch Fada Association Reunion Scarborough April 2nd - 5th
H.M.S.Newfoundland Association Reunion Hayling Island April 23rd - 26th
Royal Naval Reunion Eastbourne May 7th - 10th

Just for the record you can have problems even with new planted
saplings. I live in a new built Barrats development ( OK sad). Nothing
here is more than 4 years old. However there is a "restrictive
covenant" on the land and you cannot remove any tree that appears on
the site plans. Plant it yourself and you can remove it but if it is
on the plans you need permission form the local development
corporation / council. This is not a leasehold issue. They are
perfectly reasonable about it all and will allow felling if you have a
reason , one case where a tree was dying they sent out their inspector
and he said OK and then said do you want to cut that one near the
house as it will undermine foundations in a few years.


Fair comment Neil but that may have been a planning condition as well.

"Peter Crosland" wrote in message
...
Down here there is a presumption that permission should be sought if the
diameter of the tree is above a certain amount (30cm I think) or if you
are
in a conservation area or a preservation order applies. but I think it
varies a good bit between local authorities.

Sorry but you are wrong. The rules are the same across all of England and
Wales with the exceptions that I mentioned. They may be different within
National Parks.


There is a slight matter of .... 'Interpretation'

Please don't give a 'blanket' advice on this matter.

Mike
:-))


--
Federation of Naval Associations Reunion Hayling Island March 5th - 8th.
H.M.S.Loch Fada Association Reunion Scarborough April 2nd - 5th
H.M.S.Newfoundland Association Reunion Hayling Island April 23rd - 26th
Royal Naval Reunion Eastbourne May 7th - 10th

Just for the record you can have problems even with new planted
saplings. I live in a new built Barrats development ( OK sad). Nothing
here is more than 4 years old. However there is a "restrictive
covenant" on the land and you cannot remove any tree that appears on
the site plans. Plant it yourself and you can remove it but if it is
on the plans you need permission form the local development
corporation / council. This is not a leasehold issue. They are
perfectly reasonable about it all and will allow felling if you have a
reason , one case where a tree was dying they sent out their inspector
and he said OK and then said do you want to cut that one near the
house as it will undermine foundations in a few years.


Fair comment Neil but that may have been a planning condition as well.

Just for the record you can have problems even with new planted
saplings. I live in a new built Barrats development ( OK sad). Nothing
here is more than 4 years old. However there is a "restrictive
covenant" on the land and you cannot remove any tree that appears on
the site plans. Plant it yourself and you can remove it but if it is
on the plans you need permission form the local development
corporation / council. This is not a leasehold issue. They are
perfectly reasonable about it all and will allow felling if you have a
reason , one case where a tree was dying they sent out their inspector
and he said OK and then said do you want to cut that one near the
house as it will undermine foundations in a few years.


Fair comment Neil but that may have been a planning condition as well.

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

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

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