Agenda and minutes

Prior to the commencement of the meeting, a site visit to the rear of numbers 14, 13 and 12 Church Bank, Over Kellet was undertaken in response to objections to the above-mentioned Tree Preservation Order.

The following Members were present on the site visit:

Councillors Sheila Denwood (Chairman) and John Gilbert.

Officers in Attendance:

Maxine Knagg – Tree Protection Officer

Jane Glenton – Democratic Support Officer

The Minutes of the meeting held on 20^th November 2006 were signed by the Chairman as a correct record. 

Report of the Head of Democratic Services (incorporating the report of the Tree Protection Officer)

The Committee considered appeals against a decision of the Council under Section 198 of the Town and Country Planning Act 1990, making an Order in respect of four trees, T1 – an early mature Sycamore, T2 – a mature Cherry, G1 – a group comprising two early mature Ash, established within the rear gardens of numbers 14, 13 and 12 Church Bank, Over Kellet.

In accordance with the Town and Country Planning (Tree Preservation Order) Regulations 1999, objections had been received to Tree Preservation Order No. 394 (2006).  The objections were from the owners of

(1)        51 Greenways, Over Kellet, who objected to the Order on the grounds that             the trees in question were too tall for the location, took light from their             garden and the roots extended into their garden;

(2)        12 Church Bank, Over Kellet, who objected to the Order on the ground that the mains sewer ran near T2 and the roots of the tree might damage the drain; and

(3)        13 Church Bank, on the ground that one of the trees in Group 1 and T2 did not warrant a TPO as they did not benefit public amenity.

Members were informed that a timeline had been highlighted in connection with serving the original TPO No. 391 (2006) and this had been revoked.  The site had been resurveyed and the trees identified in Order No. 391 (2006) were considered worthy of protection and included in the new Order No. 394 (2006).

The Tree Protection Officer advised Members that the amenity value of T1, T2 and G1 had been assessed using an objective and systematic approach (Tree Evaluation Method for Preservation Orders – TEMPO system).  A score of 12 was achieved supporting the action of serving a Tree Preservation Order.

Consequently, the City Council considered it expedient in the interests of amenity to make provision for the preservation of the four trees in question under Sections 198 (201) and 203 of the Town and Country Planning Act 1990 for the following reasons:

• Clearly visible from two public highways and residential properties, contribute positively to local amenity value.

• Provide screening between neighbouring properties.

• Provide important wildlife resource around an urbanised residential setting and in close proximity to Over Kellet Pond (Wildlife Trust).

• Provide an important visual link to other protected trees within the locality and contribute to the overall tree cover of the area.

It was the view of the City Council that damage or removal of the trees would have a detrimental impact on the amenity value of the local area and, as such, they should be afforded protection by the serving of a Tree Preservation Order.

With regard to the objections received, the Tree Protection Officer advised Members as follows:

(1)      Blockage of light - the process of photosynthesis, in which the leaves       of trees synthesise sugar from light, carbon dioxide and water, and produce oxygen, which is released in the atmosphere.  The trees in question create shading for approximately six months a year.  Lancaster City Council  ...  view the full minutes text for item 15.