Fridaysmove -approved Solicitor Kate Hamilton handled the purchase Conveyancing in Southampton for a property at Clifton Gardens, Southampton, SO18 in August 2010 on behalf of Mr. and Mrs. L. Acting on behalf of the sellers was David Ebert and Co. at 44 High Street, West End, Southampton, SO30 3DR.
The property is located within the local authority district of Southampton City Council at the Civic Centre, Southampton, SO14 7LY. The results of the local area search carried out through the council revealed the following planning permissions:
- Felling Of Beech (Part Conditional Consent) 29. 06. 2009
- Tree Preservation Order No. 73 under Section 60 of 02. 03. 1956 the Town and Country Planning Act 1971
- T/06/56545 Felling of Beech (Part Conditional Consent) 29. 06. 2009
- T/06/57169 Felling of one Horse Chestnut tree CP 29. 06. 2009
- First floor bedroom extension and new pitched roof CP 11. 03. 1992 to porch and garage to replace existing flat roof DP17830/1
There were slight delays on August 10th, as the planning application for works affected by the tree preservation order had only received conditional consent and it was important for Kate to receive the relevant documentation from the sellers and their Conveyancing Solicitor. It is imperative that your Conveyancing Solicitor verify such information as a tree preservation order presents certain legal rights and obligations for home owners and non-compliance is an offence.
The details of the final decision for applications T/06/56545 and T/06/57169 are listed below:
“The Council as Local Planning Authority hereby CONSENT for
(1) Felling of Beech
Subject to compliance with the following conditions:
The works hereby approved must be completed within a period of two year beginning with the date on which this consent is granted.
Reason: To enable the Local Planning Authority to review the situation in the light of changed circumstances.
All works hereby consented must be carried out by suitably qualified tree surgeon in the accordance with BS: 3998: Tree Works
Prior to commencing work hereby permitted full details of the size, species, location and proposed time of planting of a replacement tree (Birch or smaller species) must be submitted to and approved in writing by the Local Planning Authority and the tree planting shall be carried out in accordance with those approved details and at that time.
Reason: To conserve the character of the area.
And hereby REFUSE CONSENT for the following:
(2) Felling of Horse Chestnut
For the following reasons: The proposed works are considered unjustified. The works would result in the an adverse impact upon the visual amenity, ecology, wildlife, shelter and screening of the surrounding area. The proposed works are therefore contrary to Policy 46. BE, 47. BE and 49. BE and Policy 46. ES.
NOTE TO APPLICANT: An application to continue the management of the Horse Chestnut as a pollard would be more favourably considered. ”
As all of the other relevant documentation was in order, Kate was able to proceed to completion on the 11th of August 2010.
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