Planning application - advice please...

[Dave_G]

Okay,

Once again thanks for the replies.

I now have a clear steer from English Nature on the likely impact on a protected tree. The Council has a protection order on the tree and the Council who submitted the plans for the car park (i.e. they are the local LEA) will contravene their own protection order if they make any 'substantial' changes to the tree. The plans for the car park will effect the tree and its complex roots system.

However, my strongest argument is the fact that the plans used for consultation have changed - indeed it is possible the planners have contravened planning laws.

I have also been informed by my local Cllr that to encourage and increase car park space in a green area is considerred encouraging the use of the car - this goes against the Council's transport strategy? I'm not sure on this - but looking in to it. It seems 'questionable' to me.

Can I make it clear that I have lived here long before the school was built.

I am not opposed to the expansion of the school building, but purely the large car park that will be inches away from my garden and face directly into my house.

I also object to the siting of the turbine and not the use of one. If the turbine was to be located away from my home (and there is scope for this according to the plans) then I would be happy.

Cheers,

Dave

 

[Dave_G]

For all those of you who offered me advice on how to tackle a planning application that effected a protected oak tree - THANKS!

Tonight I managed to 'stiff' the arrogant local authority bureaucrats using their own Tree Protection Order to have the planning refused. Indeed the Council's own landscape planning department gave me the relevant British Standard to use against the Council's own Education Authority who put in the orginal plans.

Thanks once agin to all those who gave advice.

Feeling rather drunk after sinking a few pints ale in celbration.

Cheers,

Dave

 

[Slim]

Well done Dave =D>

I'm glad English Nature could help. They are a very good organisation.

 

[Paul Chapman]

=D> =D> =D>

 

[Anonymous]

snip
I have been asked to attend a "have your say" meeting in front of a planning committee. Do you think there are any points I should emphasise or indeed play down?

What are views/experience of attending these types of meetings? Any advice on the best approach/tactics? How do I stop them 'hacking' away at this oak tree??

Thanks,

Dave

I've "had my say" at planning meetings and they were very receptive - got a unanimous vote (bar one) in favour our app although we expected it to be turned down. But you have got to get the details right and object on strictly planning grounds only. Going for sympathy doesn't do anything if you haven't strong grounds in the first place.
So I'd go and chat to your district councillor 1st and then anybody else you can think of who might be clued up, and make sure you have a good case.

cheers
Jacob

 

[Dave_G]

Well - I should have known better!

Yes I got the planning application for a car park rejected at a planning committee on the grounds that a 400+ year old oak tree would be effected.

AND this morning I looked out of my window to find a significant number of large branches (some with a diameter of 18 inches) have been chopped off the tree!!! It must have been done yesterday before I got home.

I contacted the Council tree protection guy who came and looked at the damage and was disgusted that the school had contracted someone to do this. So the school (as part of the local authority) has broken a tree protection order.

The bl**dy damage is done - there was no need to do this to the tree!!! After all the planning permission had been refused.

If I had done this I would have been fined and rightly so, but the bl**dy school are down right criminals.

Thanks for letting me have a rant.

 

[Adam]

If I had done this I would have been fined and rightly so, but the bl**dy school are down right criminals.

Thanks for letting me have a rant.

Go to the press. "School desicrates 400 year old oak, that has stood for generations type of thing."

Make sure they start calling for the resignation of the head teacher.

In fact, give me the name of the school, I'll ring up and ask for a telephone interview, ask if he's resigning etc etc.

Make sure you find out exactly who did the cutting, and who signed off the purchase order. At least the one thing in your favour is that most things to do with local authorities are well documented financially.

You may need to invoke the "freedom of information" whatsit thingmebob.

Adam

 

[Steve Maskery]

Good idea. Say that you are writing a piece on the subject and would the Head like to give his side of the story. Does he think it sets a good example to the pupils deliberately to break the law etc etc. If he says No Comment, then you can write that too.

It won't get you your tree back, but you could make things very uncomfortable for the Head. If you have the stamina.

 

[Dave_G]

Steve / Adam - Thanks guys.

Yes I do have the stamina for this.

I have just been asked to leave the school grounds after taking a series of photographs of the damage.

I have sent them to my local Councillor who I spoke to earlier and he is willing to support me on this matter.

All I can expect to gain is some sort of apology - the damage is done, but I now intend to make things very uncomfortable for the Head.

I like the tactic of asking him if it sets a good example to the pupils to deliberately break the law.

Cheers,

Dave

 

[Adam]

I like the tactic of asking him if it sets a good example to the pupils to deliberately break the law. Cheers, Dave

That should be the headline on the front of the local rag. "Headmaster breaks law to cut 400 year old oak"

Adam

 

[Paul Chapman]

That's disgraceful. Give 'em hell, Dave :evil:

Cheers :wink:

Paul

 

[Slim]

Hmmm...

This seems like a deliberate attempt to damage the tree so as it will not be an issue if they resubmit planning permission. It may also be a ploy so they can say it is unsafe as they had to remove some of the branches.

However, Work is allowed to be carried out on protected trees with permission from the local authority. Since the school is local authority owned, the permission may have been given very easily. So they have not necerssarily broken the law. Beware of liable befor you have the facts.

I would get back in touch with english nature. They may have some sway with the council.

If you have your councillor on your side that is a bonus.

Don't let them get away with this.

My parents live nextdoor to a certain well known supermarket. One day they discovered that an Oak tree with a diameter of at least 5ft had been felled. Coincidentally, a couple of weeks later the supermarket submitted planning application to redevelop the store and increase the size of the carpark. They will have been fined for felling the tree, but what is a fine to a multi-billion pound business. People need to be charged for breach of these TPO's. :x

 

[Scrit]

Personally I quite like wind turbines, I think they're rather attractive in a sort of sci fi industrial kind of way. That probably makes me a bit odd.

Yes, odd, I'd agree with that - wind turbines destroy the subteranean water courses whereever they are built on moorlands. Permanently. Something that has taken 10,000 years for nature to create ends up being destroyed for a maximum of 5% of the country's energy needs - a saving which could be made by simply switching to low energy lightbulbs. :roll:

Scrit

Who doesn't like living in the middle of what will become Wind Farm central if Peel Holdings get their way

 

[Dave_G]

Hi,

I actually got the Landscape Clerk of Works from the Local Authority to come and see the damage to the tree this morning. He had not been informed of any request to cut branches from the tree!

I have also, under the Freedom of Information Act asked for details of who gave permission to allow work to be undertaken on a tree currently protected by a tree protection order?

Who undertook the work and when?

Why wasn’t the appropriate Council Officer responsible for tree protection orders informed prior to the work being undertaken?

I am not letting this matter drop and will be careful of the liable laws.

Thanks for all the replies.

Dave

 

[PowerTool]

Go for it,Dave - and good luck with it!

Andrew

 

[Steve Maskery]

Go, go , go

Don't let the ******** win.

Unfortunately there is a price to breaking the law, and it's not always very high.

But more power to your elbow.
S

 

[Dave_G]

Hi,

The saga of the Tree Protectio Order continues!

Under the Freedom of Information Act I managed to find out from the Council who instructed the excessive lopping of branches to be undertaken.

The Chief Architect of the Council responded by saying it was the Deputy Head Teacher who instructed Council workers to undertake the work. The Chief Architect also admitted it was a process error as Council workers did not question the authority of the Deputy Head as the tree was on Council property and the work instructed by a Council employee!

There has been significant damage caused to this tree with branches up to (and I have measured these) 22 inches in diameter being lopped.

I have also found out that a fine of up to and including £20k can be imposed by the Local Authority to those who contravene a Tree Protection Order.

I doubt that the Councl will impose a fine on the school as it is in effect the bl**dy Council who has broken the law!

I'd like you thoughts on my next moves.

1) Write to the Deputy Head quoting the information I received from the FOIA request and site him/her as responsible for intructing illegal work to be undertaken,

2) How does the school intended to remedy the damage caused to the tree. I was thinking they could plan replacement oaks with TPOs??

3) Ask the Council what sanctions and further actions they intend to take against the school;

4) With the approval of my local Councillor take this matter to the Local Authority Ombudsman?

5) In the complaint to the Ombudsman, site the Local Authority as failing uphold the TPO and site the Chair of the Planning committe (who failed to let me raise the issue at the appropriate committee) as failing to uphold his duty as a publically elected member, to let the public speak.

Can I also ask, does anyone know if British Standards are legally enforcable or are just guidance/good practice. I'm referring to the BS that instructs that no building can take place within 3 feet/1 meter of a protected tree's drip line?

All the best,

DAve