Building near a tree with a TPO.

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I want to build an extension with a depth of 3.9 metres from the existing building. I have an Oak tree 11.5 metres from the existing building. I have worked out that that the Root Protection Area (RPA) is 4.8 metres around the tree from its centre. Therefore 11.5 - 4.8 = 6.7. So the edge of the RPA is 6.7 metres from the existing building, I only want to build out 3.9 metres so I have 2.8 metres leeway. My architect says I need planning permission because the tree has a TPO rather than Permitted development rights. Who's right. I know I have to protect the tree from damage
 
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I want to build an extension with a depth of 3.9 metres from the existing building. I have an Oak tree 11.5 metres from the existing building. I have worked out that that the Root Protection Area (RPA) is 4.8 metres around the tree from its centre. Therefore 11.5 - 4.8 = 6.7. So the edge of the RPA is 6.7 metres from the existing building, I only want to build out 3.9 metres so I have 2.8 metres leeway. My architect says I need planning permission because the tree has a TPO rather than Permitted development rights. Who's right. I know I have to protect the tree from damage
What's planning permission got to do with a TPO'd tree? I'd assume most mature urban trees have a TPO.

Any growing/live shrubs, trees or otherwise - their roots and the type of ground they occupy, should be accounted for regards close proximity to foundations. This is a structural issue.

I'm not sure where you are going with this as your post is a wee bit muddled regards Regulations v's Planning v's TPO's.
 
How can development beyond the RPA effect the tree? What legislation is your architect using to think it needs PP?

You might want to change your username BTW, assuming that's your personal email.
 
If you are confident that you have worked out the RPA correctly, and your development - including any patio or hard standing, does not encroach on the area, then your permitted development rights will be intact.
 
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Two things; How have you calculated your RPA? It should be the stem diameter x 12, which makes your tree stem diameter 400mm - which is pretty small for an Oak. Secondly, the tree is well inside the zone of influence and you should design your foundation accordingly. Off the top of my head, I'd say you are looking at an engineered foundation?
 

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