Failure to get a specific permission to fell an oak tree in Radstock's conservation area appears to be no bar to its removal, according to B&NES.
In a response to a solicitor's letter from objectors, the Council states it: " . . . has long supported the need to redevelop brownfield development sites in urban areas. As such in 2008, a planning consent was granted for the development of the former railway land in Radstock, a site which itself has been allocated as a housing site in B&NES Local Plan 2007. The planning consent identified the need to improve the surrounding highway network to support the new homes and commercial space. The solution for the road scheme requires the removal of the oak tree on the junction of Wells Road and The Street, and the outline application included a detailed specialist tree survey that indicated the Oak tree to be in poor condition and proposed its removal."
B&NES ignores the fact that the road scheme has been revised and now bears little resemblance to the original proposals and is yet to be formally consulted on.
The Council continues: "The Outline Planning Consent 06/02880/OUT endorsed the submitted details and provides the authority to remove the oak tree. The subsequent approvals of reserved matters and discharges of Conditions (or S106 Agreement obligations) all fall under the umbrella of the initial permission, and it is that planning permission that gives authority for the removal of a tree."