Having problems with planners. We want to put in a new access but as council have put a TPO on a tree there are conditions in the application. The conditions asked for fencing to be erected around the canopy of the tree and for a method statement regarding construction of the drive. The method statement showed a plan for fencing around the root protection system and now the tree officer has stated he wants this rather than the fence around the canopy as stated in the condition. Can they change their minds like this without giving proper notification? I have pointed this out and received a veiled threat that if I dont comply with the recommendations and the tree roots are damaged there could be problems!
how can the council vary conditions?
- Thread starter Blovejoy
- Start date
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I suspect that the condition can't be varied.
The tree officer may well be able to take action if he feels the tree might be at risk, but this would be distinct from the planning permission and via an injunction - only if the court is convinced though.
You do have a duty to protect the tree regardless, and any damage can be enforced against you. But if your method is safe, complies with the planning permission then that's that.
The tree officer may well be able to take action if he feels the tree might be at risk, but this would be distinct from the planning permission and via an injunction - only if the court is convinced though.
You do have a duty to protect the tree regardless, and any damage can be enforced against you. But if your method is safe, complies with the planning permission then that's that.
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They aren't seemingly trying to vary the condition...
They are asking you to do what you proposed in your submitted/agreed method statement, and in effect letting you off having to protect the canopy which was the condition. They could at present ask you to do both!
To vary your method statement to not do the root protection you would need to make a new discharge of condition application with a revised method statement, and then if this is accepted you could do the canopy instead. Of course there is no guarantee that would accepted and it would take some weeks.
They are asking you to do what you proposed in your submitted/agreed method statement, and in effect letting you off having to protect the canopy which was the condition. They could at present ask you to do both!
To vary your method statement to not do the root protection you would need to make a new discharge of condition application with a revised method statement, and then if this is accepted you could do the canopy instead. Of course there is no guarantee that would accepted and it would take some weeks.
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