Planning conditions and extant permissionsPlanning conditions and extant permissionshttps://khub.net/c/message_boards/find_thread?p_l_id=53683759&threadId=11917704152026-03-10T18:52:26Z2026-03-10T18:52:26ZRE: Planning conditions and extant permissionsrichard whitehttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11924180922025-05-15T08:49:31Z2025-05-15T08:49:31Z<p>Thanks Sue</p>
<p>I agree with others that the condition does not protect the tree if the planning permission is not being implemented</p>
<p>So assuming the site is not in a Conservation Area and the tree is not subject to a TPO (and the tree is not protected under some other condition on some other permission that has been implemented, and it is not in scope of any kind of legal agreement, and whoever is doing the felling has the owner's permission etc) it seems the tree can be felled</p>
<p>Now the fact that this is an outline planning permission raises the interesting question (that might not be directly relevant in the present case) as to whether it would be possible to devise a REM application which was in accordance with the Outline PP when something like this happens</p>richard white2025-05-15T08:49:31ZRE: Planning conditions and extant permissionsSue Bellamyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11921589082025-05-14T16:10:47Z2025-05-14T16:10:46Z<p>Outline Planning Permission to:</p>
<p>Demolish existing dwelling and erect two detached houses with associated garage block on land opposite.</p>
<p>Planning condition:</p>
<p>The existing sycamore tree shown on dwg. no.WEN/1149/07/00/A1 shall not be topped, lopped, felled, uprooted or pruned without the prior written approval of the Local Planning Authjhority.</p>
<p> </p>Sue Bellamy2025-05-14T16:10:46ZRE: Planning conditions and extant permissionsrichard whitehttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11921560792025-05-14T15:46:58Z2025-05-14T15:46:58Z<p>Hi Sue - would you mind posting the full text of the condition and the description of development on the planning permission - probably won't add to what others have said but it would help to have the full picture</p>richard white2025-05-14T15:46:58ZRE: Planning conditions and extant permissionsrichard whitehttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11921560182025-05-14T15:45:33Z2025-05-14T15:45:33Z<p>But with the risk of losing the planning permission if a condition can no longer be complied with if a tree has been felled</p>richard white2025-05-14T15:45:33ZRE: Planning conditions and extant permissionsFormer Memberhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11919993432025-05-14T09:21:13Z2025-05-14T09:21:13Z<p>Yes. If the permission has lapsed, as it has not been implemented, then any condition attached to that permission is not enforceable.</p>Former Member2025-05-14T09:21:13ZRE: Planning conditions and extant permissionsSue Bellamyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11919835232025-05-14T09:05:57Z2025-05-14T09:05:57Z<p>Sorry, but of a typo. The planning permisson is extinct (way beyond deadline for commencement) but I guess the situation is the same?</p>
<p> </p>Sue Bellamy2025-05-14T09:05:57ZRE: Planning conditions and extant permissionsFormer Memberhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11917837372025-05-13T19:44:22Z2025-05-13T19:44:22Z<p>I believe not. If there has been no material commencement of the development the conditions cannot be enforced. If the tree is worthy of protection then Imsuspect you will need a TPO. <br />
obviously if they have commenced in anyway such as putting the foundations in to safeguard the consent then you can then enforce the condition protecting the tree. I known a number of cases where the Council's arborist recommends such a condition in the belief it will protect the tree, but as soon as consent is granted, the landowner would,be well within his rights to remove it, without there being any breach of the planning regulations .</p>Former Member2025-05-13T19:44:22ZPlanning conditions and extant permissionsSue Bellamyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=11917704142025-05-13T18:30:38Z2025-05-13T18:30:38Z<p>Just wondering if a planning condition protecting a tree persists if the permission is extant - i.e. never implemented.</p>Sue Bellamy2025-05-13T18:30:38Z