common lime tree with a tpo

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graham turner
Posts: 42
Joined: Mon Mar 17, 2014 3:56 pm

Re: common lime tree with a tpo

Post by graham turner » Sat Aug 02, 2014 8:55 pm

ukmicky,the planners have no problem with the design and we have provided google sunlight diagram to show that even if the bungalow doubled in size in 60 years it never reaches it, and when the sun is low in the winter its only branch shading a little in the morning.what they keep getting us on is,impact of tree on future occupants and tree being overbearing and dominant.under the human right thing are they not taking away the view of a future resident not liking this tree as there are much larger trees close by and not a single empty property,the tree is not an issue at the moment its only they are assuming in the future.It should have been determined on may 8 nearly 3 months ago.(very frustrating as twice we have been told it would be approved)thanks for your interesting post as that never occurred to me.

boeingman
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Re: common lime tree with a tpo

Post by boeingman » Mon Aug 04, 2014 1:31 pm

Has the TPO been finalised?

graham turner
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Re: common lime tree with a tpo

Post by graham turner » Mon Aug 04, 2014 3:24 pm

Yes it was a few months ago,2 years ago the parish asked if I would contribute to removing it,but then wanted it to stay once I applied for planning permission,and my next door neighbour is vice chairman.

boeingman
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Re: common lime tree with a tpo

Post by boeingman » Mon Aug 04, 2014 5:38 pm

That's a shame. Did you not get the chance to oppose or comment on it at the time?

graham turner
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Re: common lime tree with a tpo

Post by graham turner » Mon Aug 04, 2014 8:00 pm

yes, the arb guy did an objection letter but it was voted for the tpo by all 12 members,we felt that was always going to happen though.(power of the parish)but we like the tree and did not want it removed as we never thought of it as an issue.

TO
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Re: common lime tree with a tpo

Post by TO » Wed Aug 06, 2014 10:06 am

Hi
graham turner wrote:[The TPO] was a request from the parish.When it went to the planning committee to be made permanent I spoke in support
graham turner wrote:the arb guy did an objection letter but it was voted for the tpo by all 12 members,we felt that was always going to happen though.(power of the parish)but we like the tree and did not want it removed as we never thought of it as an issue.
So you like the tree and spoke in support of the TPO at the Committee meeting, but your arb guy wrote to object on your behalf, but you like the tree and did not want it removed.

I'm confused.

TO

graham turner
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Re: common lime tree with a tpo

Post by graham turner » Wed Aug 06, 2014 4:55 pm

He thought it was best left to the parish and local residents to decide if and what work,if needed should be done without applying for planning permission.I am sure he was doing what he thought was best.Then they had to get planning to work on the tree.We both knew if my neighbour did not have his position on the parish this would have gone through like the one opposite.We are now 3 months past the determination date,at the end of the day all I want to know is it justified to use a tree that no one wants removed to stop a development because someone 60 years down the line wont ,or may not like it. As that is now all they have.I my position TO what would you do in my position as I value your views.

graham turner
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Re: common lime tree with a tpo

Post by graham turner » Wed Aug 13, 2014 9:39 pm

TO,We have now produced a new arb report about the tree from a forestry/arb expert.because its an open grown ,stand alone tree,he has taken photographs and submitted his report.He states that the tree has already reached it maximum height and will not double in height.We submitted this to our planning officer who I spoke to today.He tell me he thinks we have hit a brick wall and landscapes will still reject it and he will have to follow what they say and reject it again because future occupants will find it overbearing and want it removed.He said I should go to appeal.They have produced nothing to date and if it goes to appeal how will they know who is right and telling the truth,which In my case I employed an expert.Any answers welcomed.

boeingman
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Re: common lime tree with a tpo

Post by boeingman » Thu Aug 14, 2014 8:33 am

Go to appeal.

In my experience you won't find a more stubborn bunch than planners. Once they get an idea in their heads they won't let it go despite overwhelming evidence to the contrary and the only way forwards is to take them out of the equation by going to appeal.

arsie
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Location: Norfolk

Re: common lime tree with a tpo

Post by arsie » Thu Aug 14, 2014 8:37 am

+1 what he ^^^^ says. You tend to get higher IQs at appeal. Also a lot more good old fashioned common sense and balance.

graham turner
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Re: common lime tree with a tpo

Post by graham turner » Sun Aug 17, 2014 4:17 pm

Well,we now have two positive arb reports and landscapes look like they want refusal again,even though they have produced nothing themselves.Determination now 3 and a half months late.Thinking of withdrawing the application and looking for a no win,no fee appeal specialist,to appeal the non determination.Am I getting fed up .YES.Only refusal reason was ,impact on tree ,future residents may want it removed.Can I not put a covenant in the deeds preventing that.Been over a year now and had no pro active help from the planners,in fact nothing at all.My advice is ,try not to live next door to the vice chairman on the parish.Their minutes state that they support the use of residential gardens for development.Unless you live next door.Now looking to find a good appeal specialist.

ukmicky
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Re: common lime tree with a tpo

Post by ukmicky » Sun Aug 17, 2014 5:52 pm

Just go to appeal
Advice given is not legally qualified and you are advised to gain a professional opinion

TO
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Re: common lime tree with a tpo

Post by TO » Mon Aug 18, 2014 9:29 am

Hi
arsie wrote:Thinking of withdrawing the application and looking for a no win,no fee appeal specialist,to appeal the non determination.
. If you want to appeal you can't withdraw your application. You will be lucky to find a no win no fee planning consultant.
arsie wrote:Only refusal reason was ,impact on tree ,future residents may want it removed.Can I not put a covenant in the deeds preventing that.
You don't own the land/tree or have any control over it so placing a covenant on your land to try and control what a future owner might want to do on someone elses land just won't work.
graham turner wrote:Now looking to find a good appeal specialist
I thought you had a planning consultant.
arsie wrote:+1 what he ^^^^ says. You tend to get higher IQs at appeal. Also a lot more good old fashioned common sense and balance.
That might be the view if the appeal's allowed. If it's dismissed............which it will be if the only argument is the application is being refused because you live next door to the Parish Council Chairman.

TO

graham turner
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Re: common lime tree with a tpo

Post by graham turner » Mon Aug 18, 2014 10:11 am

I do have a planning consultant,but believe I get better advice on here from people who are giving honest opinion and no in it just for the money.Is it right that with two arb reports the council landscapes can just disregard them.And why be three and a half month late with their decision.My arb report say as its an open grown tree it will never double in size.Who is right on this.All I want is to know if I have a chance or not.My report says ,its lost its apical dominance.

TO
Posts: 673
Joined: Wed Dec 28, 2005 1:05 pm

Re: common lime tree with a tpo

Post by TO » Mon Aug 18, 2014 11:10 am

Hi

Firstly apologies for wrongly attributing quotes in my previous post. I highlighted the text in the contributors post and then clicked the quote button so no idea how they've ended up wrongly attributed.
graham turner wrote:I do have a planning consultant,but believe I get better advice on here from people who are giving honest opinion and no in it just for the money.
What you are trying to say is you prefer to hear what you want to hear.
graham turner wrote:My arb report say as its an open grown tree it will never double in size
From my earlier view of the tree on Google Street View it looked as though it had a lot of growing to do. Common limes can grow to 100 ft.
graham turner wrote:We both knew if my neighbour did not have his position on the parish this would have gone through like the one opposite.
The development opposite is further away from the tree, and so the impact of teh tree on the living conditions of future occupants would not be as great. Maybe that's why it was allowed.

You will get to hear all manner of views on here. None are from people who, even if they are qualified and experianced and most aren't, have had sight of the proposal, the site and its constraints, the Councils planning policies, consultees comments etc. You must do what you think is right, but I'd rely on the expert advice you are getting, not the advice on a web forum just because it's what you want to hear.

Appeal and be done with it.

TO

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