Out of One’s Tree

Scottish Ministers has issued a letter indicating it is minded to approve planning permission for a house on land affected by a Tree Preservation Order.  Pearson Planning, Chartered Surveyors appealled on behalf of Graham Developments following refusal of its application by the local planning authority.

Permission was sought to build a house in the side garden of another much larger property in the Central Belt.

The Council refused permission on the basis that  trees would be adversely affected, and that the property had no street frontage.

The Appointed Person did not agree.  He concluded that the development wasn’t “backland” and that the Appellant’s Tree Protection Plan (to British Standard 5837:2012) prevented/managed any impact.

A Claim for Expenses has been made, against the Council, on the basis of unreasonable conduct by the Planning Officer/Manager.  Revised drawings were not assessed, and the planning committee made its determination on the basis of an earlier design that resulted in tree impacts. A decision is awaited.