Planning granted, yet tree officer refuses tree felling??

Re: Planning granted, yet tree officer refuses tree felling?

Postby MacadamB53 » Thu Jun 04, 2015 5:02 pm

Hi M,
RobLewis wrote:I find it hard to understand why these trees are not TPOed if they are of such amenity. Even your enquiry has not resulted in an emergency TPO so I suspect the officer is concerned that they cannot prove amenity to the standards that may be necessary and is simply cajoling you to doing what they want.
I am thinking the same...

regarding who owns the trees - if there is a Public Right Of Way running adjacent to the trees then this makes it a highway.
if it is a highway then it may be a 'highway maintainable at public expense'.
if it is a 'highway maintainable at public expense' AND the width of the highway includes the land on which the trees stand, the trees belong to the council regardless of who owns the freehold for the land beneath.

first you need to establish the width of the PROW which will involve checking 'The Defintive Map' and 'The Definitive Statement' - the first is a map with all PROWs named and plotted, the second is a list of descriptions.

find it on the first, read about the width on the second.
if no width is specified for that stretch then the law presumes it is the width that was available when the PROW was made.

assuming it's the full width, there is another record the council is compelled to keep and make available to the public that will help you clear up the first part - is it maintainable at public expense - creatively titled 'The List of Streets Maintainable at Public Expense'.

Kind regards, Mac
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Re: Planning granted, yet tree officer refuses tree felling?

Postby jdfi » Fri Jun 05, 2015 4:39 pm

Do others think that a letter to Taylor Wimpey would be a good step?
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Re: Planning granted, yet tree officer refuses tree felling?

Postby MacadamB53 » Fri Jun 05, 2015 5:15 pm

jdfi wrote:Do others think that a letter to Taylor Wimpey would be a good step?

Hi,

only if they own the trees.

contacting them first might establish if they do or not anyway, but comes with the risk that they misinform the OP (and may well take longer to send a full response than it will take the OP to pop down the council offices and check the statutory records).

Kind regards, Mac
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Re: Planning granted, yet tree officer refuses tree felling?

Postby arsie » Fri Jun 05, 2015 5:59 pm

Hi Caveman,
I wonder if you could take some pics of the trees and along the public right of way and show us? (If you do want to show pics, host them on a free web site then post links to them. This site's facilities and capacity are limited, so that is what most people do.)

I am thinking that the local tree officer might be slightly exaggerating the extent to which these trees are enhancing public amenity. In a park, yes; along a 'back passage', possibly not. Maples drop a lot of leaf in autumn and I bet the council don't clear it up, leaving a mess underfoot which is possibly a danger to public safety - old men like me slipping over. Also, I am curious to what extent the trunks (and branches, for that matter) may obstruct free passage.

Taylor Woodrow won't want to pick a fight with a local authority but if they think the trees are any risk to public safety that could trump the tree officer's arguments. If you write to them 'planting' that idea - and offer to pay all costs - they might give their permission. But don't expect them to undertake any digging around, they are not going to make £millions out of this little problem of yours so the more you do the leg work the better. So when you write, enclose your proof that they own the land/trees or they will have to scrat about and are less likely to help you - an example of what we called 'completed staff work' in business when I were a lad ;)

edit: did you say the council maintain the trees? If so, who pays, Taylor Woodrow?
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