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Decision Notice, Along with Any Observations That Have Been Made on the Application File, Does Not Constitute a Tree Safety Inspection

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REF:T/00455/18/TPO Mr Julian Sutton Aborcultural and Forestry Contracting Brickworks Cottage Monk Sherborne Road Ramsdell Tadley Hampshire RG26 5PR NOTICE OF APPROVAL Town & Country Planning Act 1990 Town & Country Planning (Tree) Regulations 1999 In pursuance of its powers under the abovementioned Act, the Council as Local Planning Authority hereby consents to the: Proposal: T1 Oak: crown reduce to leave a finished height of no less than 12m and canopy width of 7.5m. Remove deadwood as necessary. Location 35 Minden Close Chineham Basingstoke Hampshire RG24 8TH Applicant: Mr Stuart Marchant Reference your application, plans and particulars which were received on 9 November 2018, unless otherwise agreed in writing with the Local Planning Authority, and subject to compliance with the following conditions: 1. The work shall be carried out in accordance with the British Standard 3998:2010 Tree Work - Recommendations, employing target pruning technique. Climbing irons shall only be used on trees to be removed. REASON: To ensure the work carried out is to the long term well-being of the tree(s). 2. The contractor (or other person) carrying out the approved work shall notify the Tree Officer at least 10 days prior to starting the approved work and meet the Tree Officer on site if so required. REASON: To ensure that the contractor or person carrying out the approved work clearly understands the consent. Chief Executive Melbourne Barrett MBA MRICS Executive Director of Borough Services Rebecca Emmett BSc (Hons), AIEMA 3. The permitted work shall be completed within two years from the date of consent unless an extension is applied for and granted in writing by the Local Planning Authority. REASON: To ensure the work is completed within a reasonable time scale. Notes to Applicant 1. Your application will determine whether the proposed tree works are acceptable in planning terms. Please be aware that this will not automatically override your responsibilities under other legislation and in particular your attention is drawn to the Wildlife and Countryside Act 1981 as amended, the Countryside and Rights of Way Act 2000 and the Conservation of Habitats and Species Regulations 2017. This legislation protects ALL wild birds, their nests (whether in use or being built) and eggs and other wild animals including bats and their roosts in or adjacent to trees. In simple terms, you should make sure that there are no wild birds nesting in or bats roosting in or adjacent to the tree(s) that you are proposing to work on. It is a criminal offence to harm or destroy any bird, its nest or its eggs or any bat or its roost (even if the roost is not occupied at the time). 2. This decision notice, along with any observations that have been made on the application file, does not constitute a tree safety inspection. Neither does this decision indemnify the tree owner against any future damage caused by the tree. The tree has been assessed only as far as is necessary to determine the suitability of the proposed work. In the absence of any supporting technical evidence, submitted from an appropriate expert, which relates to the trees condition, the decision is based on the assumption that the tree is in good health and structural integrity. If you have concerns about the condition of the tree, you are advised to contact the Arboricultural Association at www.trees.org.uk for independent advice (a fee may be applicable). The officer’s report can be viewed on the council’s website www.basingstoke.gov.uk Planning and Development Manager Date: 4 February 2019 It is important that you read the notes overleaf 2 of 3 NOTIFICATION - APPEALS TO THE SECRETARY OF STATE T/00455/18/TPO Appeals against the refusal of permission or the granting of consent subject to conditions for tree preservation order applications If you are aggrieved by the decision of your local planning authority to refuse permission or grant consent with conditions, then you can appeal to the Planning Inspectorate in accordance with: - (d) Section 78 of the Town and Country Planning Act 1990 (as amended); (e) The second schedule of the Town and Country Planning (Tree) Regulations 1999; (f) Town and Country Planning (Determination of Appeals by Appointed Persons)(Prescribed Classes)(Amendment)(England) Regulations 2008; and (g) Town and Country Planning (Trees)(Amendment)(England) Regulations 2008. The principal changes are that tree preservation order appeals are now dealt with by the Planning Inspectorate rather than the Secretary of State and the introduction of a new fast track appeal procedure to replace written representations. Either party may, if they wish, continue to have the appeal dealt with at a hearing or public local enquiry in which case an Inspector will be appointed to hear the case and reach a decision on behalf of the Secretary of State. If you want to appeal, you must do so to the Planning Inspectorate (PINS) within 28 days from the receipt of this decision notice. In the first instance you should contact; The Planning Inspectorate Environment Team 4/04, Kite Wing Temple Quay House 2 The Square Bristol BS1 6PN Tel: 0117 372 8192 Fax: 0117 372 6241 E-mail: [email protected] Web: www.planning-inspectorate.gov.uk/pins/appeals/tree_preservation The Planning Inspectorate has produced ‘A Guide for Appellants (Tree Preservation Order- consent for works)’ which gives advice and guidance to help you through the process. The guide is freely available from the Planning Inspectorate at the above address. When giving notice of an appeal to the Planning Inspectorate, you must at the same time send a copy of the notice of appeal to this council. Costs Irrespective of whether your appeal proceeds under the fast-track procedure or is heard by an Inspector at a public hearing or inquiry, you will have to meet your own expenses. However, an application for the award of costs can be made by either party on the grounds that the other party’s unreasonable behaviour has caused the person applying for costs unnecessary expense. Further guidance is given in ‘A Guide for Appellants (Tree Preservation Order- consent for works)’. Comprehensive guidance is given in DOE Circular 8/93 updated by CLG Circular 3/09 which applies to all appeals made on or after the 6 April 2009. See also ‘Costs Awards in Planning Appeals – A Guide for Appellants’ at: www.planningportal.gov.uk/england.genpub/en/1115316673087.html Compensation In certain circumstances as set out in paragraphs 9 to 11 of the tree preservation order, a claim may be made against the council for compensation for the refusal of permission or the granting of consent subject to conditions. 1 This consent relates to planning control only. Any other statutory consent must be obtained from the appropriate authority. 2 The applicant is recommended to retain this form with the title deeds of the land. 3 Your attention is drawn to the provisions of the Wildlife and Countryside Act, 1981, as amended which protects wild birds, their nests and eggs and wild animals including bats and bat roosts in or adjacent to trees. Failure to comply with the provisions of the Act is a criminal offence. 3 of 3 .
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