Removing Tree From a Planting Scheme

Morgan Sweet
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Removing Tree From a Planting Scheme

Post by Morgan Sweet » Wed Feb 28, 2018 6:19 pm

My daughter is in the process of buying a new property that has a tree planted tight against it. The Surveyor said that the tree could cause problems in the future and that it is already interfering with the down pipe and front upstairs bedroom window. The developers say it is part of the tree planting scheme submitted when planning permission was applied for and say it will cause no harm and should stay. My question is if the sale goes ahead and my daughter becomes the owner of the tree can she remove it?

APC
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Re: Removing Tree From a Planting Scheme

Post by APC » Wed Feb 28, 2018 8:22 pm

Depends on the wording of the condition. It is likely to state that if it is removed within 5 years it must be replaced or something similar. You can submit amended soft landscape plans and see what they say.

SJC14
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Re: Removing Tree From a Planting Scheme

Post by SJC14 » Fri Mar 09, 2018 10:05 pm

Is it not unusual for a surveyor to survey a new house?

The reality is your daughter can remove/transplant the tree as soon as she owns the land. The builder has to plant as per the landscaping outlined in their planning application. As the new owner she can remove the tree.

APC
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Re: Removing Tree From a Planting Scheme

Post by APC » Sat Mar 10, 2018 3:38 pm

The condition is likely worded to the effect that it doesn't matter who the owner is.

TO
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Re: Removing Tree From a Planting Scheme

Post by TO » Sat Mar 10, 2018 5:30 pm

Planning permission, including any conditions, go with the land, and whoever is, from time to time, the owner of the land.

MacadamB53
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Re: Removing Tree From a Planting Scheme

Post by MacadamB53 » Sat Mar 10, 2018 9:19 pm

Hi Morgan Sweet,

if the sale goes ahead and my daughter becomes the owner of the tree can she remove it?

sure - but the LPA might take enforcement action and demand a replacement.

kind regards, Mac

jdfi
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Re: Removing Tree From a Planting Scheme

Post by jdfi » Sun Mar 18, 2018 2:14 pm

Sounds like sensible action to remove this tree now, then deal with the fall out later, by suggesting an alternative place for an similar species of tree.

ukmicky
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Re: Removing Tree From a Planting Scheme

Post by ukmicky » Mon Mar 19, 2018 9:28 pm

Planning conditions imposed under planning permission normally run with the land and therefore bind successors in title.
Advice given is not legally qualified and you are advised to gain a professional opinion

SJC14
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Re: Removing Tree From a Planting Scheme

Post by SJC14 » Tue Mar 20, 2018 3:43 pm

As the OP says that the tree is part of the tree planting scheme that means that it is part of the planning application. It does not force anyone to put X species tree at position x for all time. All it is is a document outlining the planting scheme as part of the planning process. I cannot think of any new build scheme that I have seen that anyone has kept the builders trees/plants.

TO
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Re: Removing Tree From a Planting Scheme

Post by TO » Tue Mar 20, 2018 9:21 pm

SJC14 wrote:As the OP says that the tree is part of the tree planting scheme that means that it is part of the planning application.
No it's part of the planning consent.
SJC14 wrote:It does not force anyone to put X species tree at position x for all time.
Maybe, depends on the wording of the condition, or if the tree has been TPO'd.
SJC14 wrote:All it is is a document outlining the planting scheme as part of the planning process.
No. It's a document detailing the landscaping scheme as part of the planning consent.
SJC14 wrote:I cannot think of any new build scheme that I have seen that anyone has kept the builders trees/plants.
Based on a detailed examination of the conditions/approved documents so you know what should be there, and the plants on the ground, so you know what is; on how many schemes?

SJC14
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Re: Removing Tree From a Planting Scheme

Post by SJC14 » Fri Mar 23, 2018 5:29 pm

TO wrote:
SJC14 wrote:It does not force anyone to put X species tree at position x for all time.
Maybe, depends on the wording of the condition, or if the tree has been TPO'd.

A newly planted tree is unlikely to have a TPO...
SJC14 wrote:I cannot think of any new build scheme that I have seen that anyone has kept the builders trees/plants.
Based on a detailed examination of the conditions/approved documents so you know what should be there, and the plants on the ground, so you know what is; on how many schemes?
A developer always adds soft landscaping - scrappy trees and shrubs like Dogwood and Lonicera. There is no way a Council will say that the owner has to follow a particular planting scheme just because it was added as part of a development plan.

APC
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Re: Removing Tree From a Planting Scheme

Post by APC » Fri Mar 23, 2018 7:40 pm

SJC14 wrote:
TO wrote:
SJC14 wrote:It does not force anyone to put X species tree at position x for all time.
Maybe, depends on the wording of the condition, or if the tree has been TPO'd.

A newly planted tree is unlikely to have a TPO...
SJC14 wrote:I cannot think of any new build scheme that I have seen that anyone has kept the builders trees/plants.
Based on a detailed examination of the conditions/approved documents so you know what should be there, and the plants on the ground, so you know what is; on how many schemes?
A developer always adds soft landscaping - scrappy trees and shrubs like Dogwood and Lonicera. There is no way a Council will say that the owner has to follow a particular planting scheme just because it was added as part of a development plan.
The developer is (usually) legally required by the council to implement a soft landscaping scheme. The obligation passes to whoever might own the land until the expiry of the condition. Councils can and will enforce this duty although in experience, do not have time to chase after shrubs but will pursue missing, dead or mutilated trees.

SJC14
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Re: Removing Tree From a Planting Scheme

Post by SJC14 » Sat Mar 24, 2018 7:36 pm

@APC - locutions de minimis non curat praetor or de minimis non curat lex...the planning department has no interest in such trifling matters such as if a sapling tree is present or not.

alyson
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Re: Removing Tree From a Planting Scheme

Post by alyson » Sat Mar 24, 2018 7:50 pm

It is easier to say sorry than to ask permission.......

APC
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Re: Removing Tree From a Planting Scheme

Post by APC » Sun Mar 25, 2018 12:53 pm

Best hope they haven't TPO'ed off plan then.

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