Like most folk, I believe that more can be achieved in life by open & transparent negotiation - laying ones cards on the table for a reciprocal arrangement & courtesy. Unfortunately, like most things in life, there will be times when one side will try & gain the advantage at the detriment of the other party using this method. Nothing is more relevant to this fact in Planning issues than TREES on or near a site that you want to develop or extend.
I had an historic situation where a prime site ripe for an infill plot had a bank of protected trees on its rear boundary. In the middle of the garden was one sole Walnut tree of mature height that was not protected. Research at the Planning Offices revealed that it was only protected by a very obscure & old Planning Condition back in the sixties for the original estate that required all mature trees on the site to be retained (non were specifically identified).
The options of how to play this when entering into pre-application negotiations with the Planning Dept. were put to the client which entailed either taking a chance & removing the tree now to expose the plot for an obvious new dwelling but at the risk of having to incur some sort of costs for Planning rectification measures or leave the site as it is & start talking to the Planners. The client did not want to take the risk so we left the site unaltered.
Upon entering into sketch scheme designs & negotiations with a Case Planning Officer & their 'new' urban design team it soon became clear that the Planners were resistant to a property on this site mainly for siting issues (not the trees) but our approaches to the Councils Tree Officers were unusually non-responsive. After 4 weeks of messages & non-returned calls I was eventually told that the Walnut tree had now been issued with a Tree preservation order (TPO) without any form of discussion from them. Even half expecting this as the 'worst case scenario' it was still very shocking & upsetting to find that your trust of fair play in the system had been well & truly shat on. Also, that a perfectly good site had now received another layer of problems to overcome. It was also clear that 'internal events' had taken place between all sections of the Planning Dept. in order prevent development on this site due to the initial negative response from the Case Planning Officer.
I wouldn't want to go so far as to indicate that 'dark powers were at work' but it is clear that in the close knit 'chummy' atmosphere of the Council Offices, Planners & other consultation specialists had conspired together to form a united front against development on this site even though we had tried to negotiate separately on the tree issue.
The conclusion to all this is clear - Don't trust any part of the Planning system during pre-application negotiations when trees are involved. On this particular site we had now entered into an adversarial position not of our own making. We would have been no better of if we had simply removed the tree first & argued about the legality of this action afterwards after all it was not formally protected. You can understand why some arrogant developers do this - Honesty & openness simply doesn't pay when dealing with some aspects of Planning.
Our 'Maximum Build Planning Guide' explains this tree issue in more detail & sets out various risk assessment procedures that you can incorporate within your scheme when dealing with trees. I would not advocate removing any trees from a site until you have accurately identified the problem areas - some trees on a site will actually assist your Planning application so an overall assessment & the formation of a plan is vital if you are to avoid further TPO's being applied to your site. The TPO route is one of the best tools Planners have in preventing your development - it's fairly quick to implement, it's in-house & it's secretive until the day the order is placed - you have been warned. Planning permision and planning approval.
http://www.planning-approval.co.uk
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Forbes - AP 10.07.08, 9:30 AM ET Police were still trying to determine Tuesday why a Louisville woman apparently stabbed her two school-age daughters to death and then shot herself. Police say Kentucky woman kills self, daughters Police say Louisville woman kills self, daughters Publ.Date : Tue, 07 Oct 2008 13:38:46 GMT OTC Cold Medicines to Be Relabeled for Young Children - Wall Street Journal
Wall Street Journal - By JENNIFER CORBETT DOOREN WASHINGTON -- Companies making over-the-counter cold and cough medicines have agreed to stop marketing the products to children younger than 4 as part of an effort to reduce accidental overdoses, an industry trade group said ... Video: Cold Meds Under Fire, Again ALERT: Drug Companies Warning to Parents Publ.Date : Tue, 07 Oct 2008 14:15:50 GMT Kenya Detains US Author Critical of Obama - New York Times
New York Times - By JEFFREY GETTLEMAN NAIROBI, Kenya - The American author of a best-selling book highly critical of Senator Barack Obama was detained by Kenyan immigration agents on Tuesday as he prepared to give a press conference in Nairobi. Kenya Detains Author of Anti-Obama Book US anti-Obama book author faces Kenya deportation: officials Publ.Date : Tue, 07 Oct 2008 13:00:27 GMT Senator Warned a Friend That Jail Was a Risk - New York Times
New York Times - By NEIL A. LEWIS WASHINGTON - The day after the FBI confronted Bill Allen, an Alaska oil services millionaire, with evidence that he had tried to bribe state lawmakers, he reached out to Senator Ted Stevens by telephone to discuss how their ... Stevens unplugged: a defiant, salty health nut “I Love You, You Know,” and More Revelations from the Stevens Trial Publ.Date : Tue, 07 Oct 2008 12:35:08 GMT Study: Using fan on sleeping baby reduces risk of SIDS - San Jose Mercury News
San Jose Mercury News - By Linda Goldston Ayde Gonzales's mother was surprised when she insisted that her newborn son must sleep on his back, not on his side. Fans May Reduce Babies' Risk of Sudden Infant Death Syndrome Fan in Room Seems to Cut Infants’ Risk of Crib Death Publ.Date : Tue, 07 Oct 2008 12:46:19 GMT McCain, Obama question each other's character in latest campaign ads - Baltimore Sun
Baltimore Sun - By Paul West | paul.west@baltsun.com Washington - The presidential contest turned increasingly nasty yesterday as Sens. Barack Obama and John McCain launched new personal attacks ahead of the second presidential debate. Video: AP Campaign Minute The Note: McCain Brings Attack to Second Debate Publ.Date : Tue, 07 Oct 2008 11:47:50 GMT IMF Urges Coordinated Action, Sees US Losses at $1.4 Trillion - Wall Street Journal
Wall Street Journal - By TOM BARKLEY WASHINGTON -- With losses on bad US assets alone expected to top $1.4 trillion, the International Monetary Fund urged global policy makers Tuesday to coordinate a response to an unprecedented financial crisis that continues to spread. IMF warns of deeper slowdown amid crisis IMF in 'severe downturn' warning Publ.Date : Tue, 07 Oct 2008 13:21:55 GMT Increase Website Traffic |
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