Tree in conservation area

Re: Tree in conservation area

Postby Treeman » Sat Aug 18, 2012 9:08 pm

COGGY wrote:Hi Roblewis
Thank you that is very good advice. The Enforcement Officer came last Thursday to see if we had lowered our privacy panel (we haven't). We asked for a letter to confirm that he is not taking action against us, which he has promised to send. When it comes I will then ask the question. Thank you again.
COGGY



Just because you think it's good advice don't make it so, be carefull of following advice that goes the way you want it to.

The tree is protected by virtue of its location within the C.A. all parts of the tree are protected.

The good news is that a 211 notification is a simple matter that is FOC.
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Re: Tree in conservation area

Postby COGGY » Sat Aug 18, 2012 10:30 pm

Dear Treeman
Thank you for your advice. Please could you explain what a 211 is? It sounds like it may be a permission we can apply for. Is that correct?
Many thanks
COGGY
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Re: Tree in conservation area

Postby Treeman » Sun Aug 19, 2012 6:32 am

It's a notification of intent under section 211. It's NOT a permission, that would imply the authority has more influence than it does. Unlike a TPO where they can be very specific with a 211 you decide the specification and they decide if they are willing to allow it or not, if they aren't they only have the option of making a TPO although many will try to negotiate with you to avoid this.

If your 211 is for reasonable ( their reasonable not yours) works it should go through uncontested.
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Re: Tree in conservation area

Postby Roblewis » Tue Aug 21, 2012 11:56 pm

Treeman

For all work in the conservation area I totally agree withh you but the question is can householders outside the area be bound to the rules applicable to those within the area? Certainy the only way to protect a tree is for a TPO to be issued as the CA rules then cease to apply. In truth if the OP had not raised the issue and recognised the CA as existing then he could act as any Householder outside a CA would towards overhanging trees.

I would be vry tempted to ask pertinent questions about the limits of the CA and how it is enforced outside the CA.
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Re: Tree in conservation area

Postby Treeman » Fri Aug 24, 2012 5:03 pm

Roblewis wrote:Treeman

For all work in the conservation area I totally agree withh you but the question is can householders outside the area be bound to the rules applicable to those within the area? Certainy the only way to protect a tree is for a TPO to be issued as the CA rules then cease to apply. In truth if the OP had not raised the issue and recognised the CA as existing then he could act as any Householder outside a CA would towards overhanging trees.

I would be vry tempted to ask pertinent questions about the limits of the CA and how it is enforced outside the CA.



You are getting the cart in front of the horse here.

You are focusing on the person and you should be focusing on the tree, it's the tree that is subject to protection not the person.
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