More tree felling and planning fun and games

[Moonshine]

https://metro.co.uk/2019/04/22/property-developer-chops-wood-getting-planning-permission-9284485/

 

https://www.devonlive.com/news/devon-news/fury-entire-devon-woodland-chopped-2783623

 

Quote

 

"Both of those reports [tree and ecology] were done in January, a month after he felled all the trees.

 

"The tree report describes the area as derelict of trees and the ecology report suggests there will be no impact on wildlife.

 

 

It will be interesting to see how this one plays out.

[nod]

We took the decision early on to fell more than thirty 10 mtr trees that Seperate is from the golf course at the back of us 

 

About that time I was working on the largest new build in the NW 

He brought trefellers in one weekend and cut more than twenty trees down 

He refused to name the company. 

and was fined £3000 per tree 

My heart was in my mouth everyone I saw someone in the woods at the back of our build 

[Sue B]

Last month in this sleepy area of Dorset.  The tree hasn't been cut down, but hacked about really badly -  he has been fined the equivelent uplift of his property value plus costs. 

 

https://www.bournemouthecho.co.uk/news/17524295.case-of-wealthy-homeowner-ordered-to-pay-out-for-hacking-at-protected-tree-was-another-level-say-council-officials/

[Temp]

This woodland area was part of the National Forest Inventory for England

 

I hadn't heard of that so...

https://www.forestresearch.gov.uk/tools-and-resources/national-forest-inventory/

 

I don't think it provides any protection?

[PeterW]

They will prosecute under the Forestry Act

1967 for failure to obtain a felling license. 

 

Smiled when I read that article as I know the guy who bought the house and who’s commenting..!

[ProDave]

I read it that the "forest" was a planning condition of a previous development, so he has breached that previous planning condition.  Surely the enforcement would be a fine and ordered to reinstate the forest.

 

It was a bit daft of the applicant to buy the land without looking at the planning history as most of us would realise the chance of getting planning there is slim, and the council will know given the previous condition they must uphold that otherwise they will open the floodgates to lots of other land in a similar situation if he is seen to "win" in this situation. 

[Ferdinand]

An interesting, and complex one. So what have we got?

 

Spent an hour looking at this out of interest. Planning App is South Hams Council 0852/19/FUL.

 

Quote

Shock and anger as entire Devon woodland is chopped down

Furious residents claim a property developer cut down this massive woodland - BEFORE he applied for planning permission to build there.

The large wood was once a green hillside but has now been cleared of its trees and reduced to flat mud - to make way for a proposed nine houses.

But neighbours are fuming because permission has not yet been granted by the local council - who have since voted against it.

Several residents in Dartmouth, Devon, complained to South Hams District Council who confirmed the developer didn't have planning permission as yet.

The Forestry Commission is also now investigating reports of ''alleged illegal felling''.

Developer Dave Holloway is now locked in a battle with the local authority but local residents say the damage has already been done and the wildlife cannot be reclaimed.

 

 

The "huge forest being destroyed" and "cut down massive woodland" and perhaps the nature stuff is a little heroic - it is a proposed site of about 1 acre for nine houses, retaining part of the wood. The trees were planted as a green buffer by the developer of the houses the objectors live in in about 1995-8. I see a long term issue there - if environmentalists keep trying to portray modern developer buffers as being as essential as ancient forest then that will make ancient forest less unique.

 

They need to explain how a farmland-scrubland bird - Cirl Bunting (which is actually doing very well says the RSPB) is protected by eveloping woodland.

 

The interactive map on the Council website shows it as a scrub field with I think whips planted (below).

 

I do not think it has any protections except for the one imposed with the Planning Permission.

 

Something being on the National Forest Inventory is as meaningful for protection as it being on a Ordnance Survey Map.

 

IMO they have 5 real issues with bite:

 

1 - It is outside the community boundary ... though the link road seems a more logical boundary in some ways.

2 - if he has chopped more than 5 cube of wood within a quarter, then he needed a licence from the Forestry Commission. But I think it is only restoration plus a £5k fine.

3 - There seems to have been some sort of planning requirement on Linden Homes to maintain a green buffer. The current were built in 1998, so it may be that that has expired - or perhaps the requirement to maintain has expired.

4 - If there is any proven damage to protected wildlife, then he may be under animal law. Felling in December mainly excludes bats and birds nesting trees, so it may be down to badgers etc. Unless perhaps there are reports from bird surveys or bat monitors.

5 - Not zoned for housing.

 

Plus politics. There is still some time to comment deadline. Objectors playing a cute game on timing.

 

IMO this could be developable, maybe, but it would have to be a 'sylvan natural community in the woods' type of vision, and would need something very heavy in the planning balance on the pro side. Affordable self-build plots in a woodland setting might be the type of thing, plus sustainable community benefit, or a version of what the Southwell Eco-Community was in the 1990s when that was built.

 

After all, 3 million houses have to go somewhere.

 

I think Linden called this right, and walked away when they could, though perhaps they should have offered to sell it to a local trust. I wonder how much they sold it for? 

 

Ferdinand

 

Very before - Council Interactive Map

http://gis.swdevon.gov.uk/CNET4914LIVE/CMFindIt/

 

 

Before - Link above

 

After - Link above

Edited April 24, 2019 by Ferdinand

[Temp]

I know what the locals mean when they say the damage has been done but they would be better off referring to the earlier plan to make it green space and arguing the developer should repeat what was done back then. If they argue it's irreparable the planning inspector might agree with them and allow the development.

Edited April 24, 2019 by Temp