TPOs and Conservation Areas

TPOs and Conservation Areas

Postby Jarvis » Wed Jun 04, 2014 5:09 pm

Can anyone advise me about submitting an appeal to the Secretary of State following the council's refusal to grant my application to fell 2 London Plane trees in my 11 metre front garden. I have applied to fell and replant with mature large magnolias. The council said magnolias are shrubs although the species specified grow to 8 - 10 metres. Instead the council said I should reduce the canopy of the London Plane trees to a height of 8 metres. There were no public objections registered. There is a history of the council stating that the trees were inappropriate for the garden and that they did not meet the TPO criteria but on the same day the same tree surgeon for the council said the trees should be subject to TPOs on the grounds of public amenity.

Do I have grounds to appeal and if so on what grounds?
Jarvis
 
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Re: TPOs and Conservation Areas

Postby MacadamB53 » Thu Jun 05, 2014 2:36 pm

Hi Jarvis,

you've not mentioned why you think the trees need felling rather than reducing to 8m...

Kind regards, Mac
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Re: TPOs and Conservation Areas

Postby Jarvis » Thu Jun 05, 2014 4:53 pm

Hi Mac, Thanks for responding. There are a number of reasons I believe they need felling: The trees are too close to the house and I'm worried about the potential for structural damage to the property and drains due to the root system of these trees; because I am the sole earner and to date I have had to pay out a lot of money to have the tree crowns raised to 5.5 metres and less than 2 years on I now have to pay for the canopies to be reduced to a height of 8 metres. Because previous work by the previous owner prior to the TPOs has left the trees scarred. The council (Harrogate) want to retain them on the basis of amenity value and because the felling is against local policy - HD12, which appears to me to be related to HD12, which talks about open public places. Given the size and close proximity of the trees the council's tree surgeon stated in writing that they were inappropriate and permission should be granted to fell the trees, but then on the same day wrote that they should be retained for amenity value. The chief planning officer then said in summy up that the application to fell was contrary to HD13.
Jarvis
 
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Re: TPOs and Conservation Areas

Postby MacadamB53 » Thu Jun 05, 2014 6:38 pm

Hi Jarvis,

The trees are too close to the house and I'm worried about the potential for structural damage to the property and drains due to the root system of these trees

I'm an absolute non-expert, but this doesn't read like a valid reason - I'm sure there are other options if the tree ever did begin to cause damage.

that doesn't mean I don't sympathise with you or think you shouldn't push for what you think is best for you.

Kind regards, Mac
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Re: TPOs and Conservation Areas

Postby Jarvis » Thu Jun 05, 2014 8:06 pm

Does anyone have a balanced legal knowledge of my rights as an individual. This is not a question of my not liking trees, but about the unreasonable responsibility and burden being imposed upon me as an individual balanced against amenity value to the area.
Jarvis
 
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Re: TPOs and Conservation Areas

Postby Treeman » Thu Jun 05, 2014 8:16 pm

Jarvis wrote:Does anyone have a balanced legal knowledge of my rights as an individual. This is not a question of my not liking trees, but about the unreasonable responsibility and burden being imposed upon me as an individual balanced against amenity value to the area.



You aren't going to like the answer
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Re: TPOs and Conservation Areas

Postby Jarvis » Thu Jun 05, 2014 9:11 pm

Hi Treeman. There are some examples of appeals that have gone in the individual's favour though isn't there? Regards, Jean
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