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Peter Crosland Peter Crosland is offline
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Default Replacement windows in breach of conservation area rules

On Thu, 9 Nov 2006 10:32:43 -0000 Peter Crosland wrote :
This is simply untrue. What it means is that if you wish to prune or
fell the tree then you have to get permission and this is subject to
appropriate consideration rather than your whim! The application has
to be published and considered by the council and their officers.
That decision has the right of appeal just like a planning
application does.


Precisely, you've confirmed what I said. It's no longer my garden, my
tree, and what I can do with it is subject to what a Council officer
decides.



I have NOT confirmed what you said but have rebutted it. The ownership of
the garden and tree is unaltered. It is subject to a normal, legal, and open
process just like any other planning application. Your suggestion that it is
simply at the whim of a single council officer is demonstrably false.

And it's not unknown round here for permission to do any
work on trees to be refused unless you are going to use an approved
(£££) tree company to do the work.


Wrong again. All that is required is that the work is done in the approved
manner and by a competent person. Any condition specifying a particular
contractor would in most case be unenforceable. You can make your own choice
as to who that is. Not exactly unreasonable is it?

Wrong again. There is no blanket ban on tree felling but it is
subject to regulation. Provided your request is reasonable then
there should be no problem but there obviously is some paperwork to
be dealt with.


Why should one have to be making the request in the first place?


Because that is what the law says.

Faced with a (hypothetical) nice tree that cuts out all the light
from my lounge or sucks up so much moisture that it runs my lawn,
will I be allowed to cut it down, or will the tree officer be more
influences by the fact that six neighbours appreciate it.


Highly unlikely. In fact if you can provide proof that there is a good case
to prune or fell the tree then it will be allowed. What will not be allowed
is for you to do it on a whim. Strange that isn't it?

Peter Crosland