Advice - planning permission/ enforcement - what can you do when council will not act?

davidmcn

fredflintstone10 wrote: »

Would it not be similar to the situation where someone puts an application in for a block of flats on a piece of land that had a grade 1 listed buiding on it that was illegally knocked down and the planner then assessed the application purely on the merits of a block of flats and not on the fact there should be a protected building there? If that is the case in that scenario once the planning was passed how would you ever get the listed building back once a block of flats was given permission to be built?

You'd separately need to get listed building consent to demolish (or indeed make any changes to) the listed building. Without that, any demolition would still be illegal. I suspect the planning wouldn't be granted if you haven't also at least applied for listed building consent, though not sure if that's a global policy.

Da_rule I am not 100% sure but I believe that the tree is protected just by virtue of being in a conservation area rather than teh subject of a TPO?

Ok, I think everyone has assumed by "protected tree" you meant there was a TPO. Being merely a conservation area means that (AFAIK) it's the same as any other breach of planning, so at best in the application the planners ought to be taking into account the protected aspects of the conservation area (such as the tree which ought to be there).