Refusal one 1 negative.. can anyone help ?

[Sophsmort]

Hi everyone ! I have a large plot with a small bungalow on it.

i have just been refused on my planning for one reason only .. I proposed to rebuild the bungalow in to a 4 double bedroom house along with 2 new houses the same size also on the plot .

Everything was  accepted including sizes or houses positions parking road access etc all the points I though I may have problems with … the one point it fails on was that’s the land all around my plot is all trees all with TPO (not green belt )as we are not overlooked at all from other houses … we have no TPO trees on out plot at all and the new build are more than enough away from the boundaries ! We do not need to cut any of the trees back or remove any at all .My architect said it’s unbelievable and this should not stop the build ! Any ideas for our appeal ? We are going to move then a few more metres away from the boundaries as there enough room but any help would be appreciated . Thank you  

[Ferdinand]

Perhaps ask them for what would make it acceptable in planning terms.

 

Where is your ground plan wrt Root Protecton Zones?

See if you can get a written opinion from the Tree Officer that there is no encroachment on the TPOs.

 

Do you have any trees at risk of being TPO'd themselves? 

[JohnMo]

I would firstly identify the tree species and plot all their positions.  Then find out what the height to root spread is currently and likely to be once at full maturity.  Produce a drawing with that information and the site layout and show how you will not interfere with anything that has a preservation order.

 

Our site had similar issues, just a matter of dialogue and ticking boxes.

[Conor]

As above, get the detailed concerns from the councils treenofficer, then get your own arborist to write a report. Photos, proposed fencing to protect roots etc. Just need to demonstrate that there is no risk to the trees. 

 

If there are any that you might be too close to, you can propose that they are removed and you plant replacements on other parts of the sore. That's what we did.

[Temp]

Get a report from an arboriculturist stating your plans will have no impact on any TPO trees and appeal.

 

PS: in case not obvious..  If your report says there will be an impact you don't have to use it. Get another or ammend your plans and resubmit.

Edited July 18, 2022 by Temp

[Jilly]

Yup, agree second opinions can be useful as there's ,ore than one way to do everything. Don't forget you can appeal.

[Roundtuit]

What was the actual wording of the refusal?  I assume that the objection has come from the Council's Tree Officer?  In my experience, Tree Officers can often be part-time or shared between councils, and may not have much time to put into giving considered feedback to applications, so default to 'no'.  I'd try and make contact and get them out to site for a meeting to discuss mitigation measures.  You might be able to reach an agreement without spending any money on consultants.

[PeterW]

1 hour ago, Sophsmort said:

Any ideas for our appeal ?

Start with the reason for rejection. They have to give you the details, and then work from that. I’ve seen really badly worded rejections where the officer has not correctly understood the plans or information and then clarification has meant it is actually approved at the resubmission. 

[ToughButterCup]

Could you link to the Decision Notice so we can have a look, please?

[Carrerahill]

2 hours ago, Sophsmort said:

Hi everyone ! I have a large plot with a small bungalow on it.

i have just been refused on my planning for one reason only .. I proposed to rebuild the bungalow in to a 4 double bedroom house along with 2 new houses the same size also on the plot .

Everything was  accepted including sizes or houses positions parking road access etc all the points I though I may have problems with … the one point it fails on was that’s the land all around my plot is all trees all with TPO (not green belt )as we are not overlooked at all from other houses … we have no TPO trees on out plot at all and the new build are more than enough away from the boundaries ! We do not need to cut any of the trees back or remove any at all .My architect said it’s unbelievable and this should not stop the build ! Any ideas for our appeal ? We are going to move then a few more metres away from the boundaries as there enough room but any help would be appreciated . Thank you  

 

In our original planning application for the extension & garage I had 2 tress that nearly stopped my garage being built, we just had to change from a strip found to a slab with minimal ground disturbance - they accepted that and I also proved the roots for that species wouldn't be anywhere near the garage.

 

I actually put in a piece of strip found at the back of the garage to build a retaining wall a couple of years later, trees are still there and healthy as ever!

[Sophsmort]

Thanks everyone for all your comments ..it’s so stressful the whole planning system and after all your comments I called the tree officer up as suggested and had a chat… it was way easier than I thought… he said all I have to do is amend the build bringing it a further 2 metres from the boundary then he will pass it … this was NOT stated in the refusal … so now I will appeal and wait again ! I don’t get why they couldn’t have just asked us to do this before the decision was made it would have saved the council more work surely ? Anyway hopefully it it won’t take to long …thanks again everyone x

[PeterW]

18 minutes ago, Sophsmort said:

Thanks everyone for all your comments ..it’s so stressful the whole planning system and after all your comments I called the tree officer up as suggested and had a chat… it was way easier than I thought… he said all I have to do is amend the build bringing it a further 2 metres from the boundary then he will pass it … this was NOT stated in the refusal … so now I will appeal and wait again ! I don’t get why they couldn’t have just asked us to do this before the decision was made it would have saved the council more work surely ? Anyway hopefully it it won’t take to long …thanks again everyone x

Don’t appeal - just resubmit with the new details of the site layout. You’ll be waiting 12 months for an appeal 

[Roundtuit]

25 minutes ago, PeterW said:

Don’t appeal - just resubmit with the new details of the site layout.

 

I can't recall the exact qualifying criteria, but you can possibly use your 'free go' for a second application, so the only cost is time (and a bucket full of stress!)

[joe90]

11 hours ago, Sophsmort said:

Thanks everyone for all your comments ..it’s so stressful the whole planning system and after all your comments I called the tree officer up as suggested and had a chat… it was way easier than I thought… he said all I have to do is amend the build bringing it a further 2 metres from the boundary then he will pass it … this was NOT stated in the refusal … so now I will appeal and wait again ! I don’t get why they couldn’t have just asked us to do this before the decision was made it would have saved the council more work surely ? Anyway hopefully it it won’t take to long …thanks again everyone x

Typical bloody planners, yes, don't appeal just resubmit using your free go, far faster. Glad you got it sorted, I had similar with root protection zone and a quick call to the tree officer sorted it out 👍