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Advice - planning permission/ enforcement nightmare - what can you do when council will not act?
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fredflintstone10
Posts: 5 Forumite
Looking for urgent advice for a ex-neighbour (Dave) who moved to a different area a few years ago who has been being given the runaround by a planning department for nearly two years now regarding illegal tree felling and a neighbours planning permission application. If passed this permission will result in a large reduction in the amount in the value of his home.
Dave lives in a conservation area next to a pub that is seeking to build a large extension. Nearly two years ago and to "assist" with a subsequent application the pub landlord illegally cut down a huge, protected 30 metre high tree bang in the middle of the proposed development site and significant amounts of hedging. The relevant enforcement department were very slow but eventually told the landlord to replace the tree with a like for like replacement. The landlord gave excuse after excuse for delays. The department did little to enforce so eventually Dave had to involve a third party to accelerate the issue and the lanndlord has now been told to replace the trees and that this will be checked in January 2019. The landlord has in the last week now replaced the 30 metre tree with a 3 metre sapling planted 100 feet from where the old tree was and away from the site the subject of the planning application so nothing like they were told to do.
In the meantime the pub has put in three applications for a pub extension and I understand they have been declined due to the size of the extension each time rather than the tree issue. Each time an application has been submitted the size of the proposed extension has been slightly decreased. Despite many objections from local people it appears that the council still want to deal with this application by delegated authority and not put it up for discussion at a planning committee.
The planners have told Dave that as part of the planning decision they are not taking into account the position of the protected tree which the planning applicant illegally cut down and has been told to replant as it is not there! Surely this cannot be right??? In answer to the fact that it has taken nearly two years to get any tree replanted and now a miniature one has been replanted in the wrong place the tree enforcement people have said they are not able to enforce anything on land the subject of a planning application - which sounds like nonsense. Rather than promptly coming to check out the new tree (wrong size and position) they have not come to inspect and have said there is nothing they can do to enforce this while the land is the subject of a planning application.
Dave is finding it hard to get any sensible response from the planning department or the tree enforcement department at his council. They also do not seem to be speaking to each other and each seem to be replying on the other to skirt round the issue that a huge protected tree has been illegally cut down to assist with obtaining the planning permission. The planning decision is due in less than 2 weeks. Dave cannot even get agreement that this application should go to Planning Committee and he is concerned that this is going to be passed due to the ineptitude and apathy of these departments who do not seem to be fulfilling their proper roles.
Time is running out. Does anyone have any advice what he can do at this stage as once the permission is passed I think he has very little rights. The council does not seem to be doing its job properly and if this results in financial loss in the value to his property does he have any comeback at all? Of course that is the worst case scenario. He rather wants to stop the permission being granted at all and to make these departments talk to each other sensibly. It cannot be right that somebody can deliberately cut down a protected tree and replace it with a smaller tree in a different position with a view to getting a planning permission. This seems like an absolute abuse of the system
Dave lives in a conservation area next to a pub that is seeking to build a large extension. Nearly two years ago and to "assist" with a subsequent application the pub landlord illegally cut down a huge, protected 30 metre high tree bang in the middle of the proposed development site and significant amounts of hedging. The relevant enforcement department were very slow but eventually told the landlord to replace the tree with a like for like replacement. The landlord gave excuse after excuse for delays. The department did little to enforce so eventually Dave had to involve a third party to accelerate the issue and the lanndlord has now been told to replace the trees and that this will be checked in January 2019. The landlord has in the last week now replaced the 30 metre tree with a 3 metre sapling planted 100 feet from where the old tree was and away from the site the subject of the planning application so nothing like they were told to do.
In the meantime the pub has put in three applications for a pub extension and I understand they have been declined due to the size of the extension each time rather than the tree issue. Each time an application has been submitted the size of the proposed extension has been slightly decreased. Despite many objections from local people it appears that the council still want to deal with this application by delegated authority and not put it up for discussion at a planning committee.
The planners have told Dave that as part of the planning decision they are not taking into account the position of the protected tree which the planning applicant illegally cut down and has been told to replant as it is not there! Surely this cannot be right??? In answer to the fact that it has taken nearly two years to get any tree replanted and now a miniature one has been replanted in the wrong place the tree enforcement people have said they are not able to enforce anything on land the subject of a planning application - which sounds like nonsense. Rather than promptly coming to check out the new tree (wrong size and position) they have not come to inspect and have said there is nothing they can do to enforce this while the land is the subject of a planning application.
Dave is finding it hard to get any sensible response from the planning department or the tree enforcement department at his council. They also do not seem to be speaking to each other and each seem to be replying on the other to skirt round the issue that a huge protected tree has been illegally cut down to assist with obtaining the planning permission. The planning decision is due in less than 2 weeks. Dave cannot even get agreement that this application should go to Planning Committee and he is concerned that this is going to be passed due to the ineptitude and apathy of these departments who do not seem to be fulfilling their proper roles.
Time is running out. Does anyone have any advice what he can do at this stage as once the permission is passed I think he has very little rights. The council does not seem to be doing its job properly and if this results in financial loss in the value to his property does he have any comeback at all? Of course that is the worst case scenario. He rather wants to stop the permission being granted at all and to make these departments talk to each other sensibly. It cannot be right that somebody can deliberately cut down a protected tree and replace it with a smaller tree in a different position with a view to getting a planning permission. This seems like an absolute abuse of the system
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Comments
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Contact his local Councillor & ask them to assist.0
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Duplicate thread - also in the House Buying forum.
https://forums.moneysavingexpert.com/discussion/59341450
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