Agenda and minutes

Appeals Committee - Wednesday, 12th March 2008 2.00 p.m.

Venue: Lancaster Town Hall

Contact: Jane Glenton, Democratic Services - telephone (01524) 582068 or email  jglenton@lancaster.gov.uk 

Items
No. Item

1.

Site Visits - Tree Preservation Order No. 422 (2007): Land within the curtilage of St. John's Church, Emesgate Lane, Silverdale and Tree Preservation Order No. 425: Land within the curtilage of Park Cottage, Deer Park Lane, Hornby

Minutes:

Prior to commencement of the meeting, site visits to land within the curtilage of St. John’s Church, Emesgate Lane, Silverdale and land within the curtilage of Park Cottage, Deer Park Lane, Hornby were undertaken, in response to objections received to Tree Preservation Orders Nos. 422 and 425.

 

The following Members were present on the site visits:

 

Councillors Sheila Denwood (Chairman), Shirley Burns, Janie Kirkman, Bob Roe and Roger Sherlock (substitute for Janice Hanson).

 

Officers in Attendance:

 

Maxine Knagg

-

Tree Protection Officer

Jane Glenton

-

Democratic Support Officer

 

2.

Minutes

Minutes of the Meeting held on 30th January 2007 (previously circulated)

Minutes:

The Minutes of the meeting held on 30th January 2007 were signed by the Chairman as a correct record.

3.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

4.

Declarations of Interest

Minutes:

There were no declarations of interest.

5.

Tree Preservation Order No. 422 (2007) - Land within the curtilage of St. John's Church , Emesgate Lane, Silverdale pdf icon PDF 18 KB

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

Additional documents:

Minutes:

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 individual trees identified as T1-T3 and groups G1 and G2 established on land within the curtilage of St. John’s Church, Emesgate Lane, Silverdale.

 

It was reported that the trees comprised two main groups of trees to the north, east and south of the property (G1 and G2) and a number of individual trees to the west of the site (T1-T3).  The site was established within an Area of Outstanding Natural Beauty (AONB) and the trees were clearly visible from the public highway of Emesgate Lane and a number of local residential properties, and to users of the church and its grounds.

 

Site development works had been undertaken to the front of the church site, including resurfacing works and reconstruction of planted areas.  During the works, there had been no identifiable tree protection systems in place, and damaged and exposed tree roots could clearly be identified. 

 

Any such development that involved disturbance of the ground, whether changes in ground levels, surfacing and/or excavation works, had significant potential to cause damage to trees within the vicinity of such works.  Damage to root systems had the real potential to limit the life, potential health, vigour and stability of affected trees.

 

A planning application had been submitted for the redevelopment of an existing building to the north of the site, an area that was heavily wooded with trees.  The application would be considered as a separate planning matter.

 

The trees in question were T1, a young horse chestnut, T2 a young birch and T3 an early-mature yew tree.  All three trees were established to the front of the property, close to the western boundary.  The recent development works in the area had resulted in damage to the root systems likely to belong to T2 and possibly other trees.  Such root damage had the potential of adversely affecting the long-term sustainability of affected trees resulting in impaired health, vigour and the potential for loss of stability.

 

G1 and G2 were groups of young to mature trees, including species of holly, sycamore, birch, ash, cherry yew and beech, which were generally of good condition and state of health and vigour.

 

In accordance with the Town and Country Planning (Tree Preservation Order) Regulations 1999, objections had been received to Tree Preservation Order No. 422 (2007).  The objections were from the occupant of St. John’s Church, Emesgate Lane, Silverdale and the Diocese of Blackburn on the grounds that a blanket Tree Preservation Order was an unnecessary imposition which could only serve to inhibit the sensible development and maintenance of the church grounds, and they challenged the idea that areas of self-seeded overgrowth where trees were growing into each other, and in some cases had outgrown their context, enhanced the amenity of the site.

 

The Tree Protection Officer advised Members that the amenity value of trees had been gathered  ...  view the full minutes text for item 5.

6.

Tree Preservation Order No. 425 (2007) - Land within the curtilage of Park Cottage, Deer Park Lane, Hornby pdf icon PDF 17 KB

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

Additional documents:

Minutes:

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 trees identified in a single woodland belt (W1) on land within the curtilage of Park Cottage, Deer Park Lane, Hornby. 

 

It was reported that the trees comprised of semi-mature and mature species of beech, yew, sycamore, sweet chestnut, oak, horse chestnut and lime.  A number of the trees had the potential to develop into important veteran trees; trees that because of their age, size or condition were of exceptional value culturally in the landscape or for their wildlife value.  Generally, the woodland trees were of a good condition, health and state of vigour with the potential to continue to provide significant amenity value long into the future.

 

The site was established in an elevated position and in a rural location within the village of Hornby, several miles to the east of Lancaster City.  To the west of the main dwellinghouse was a substantial belt of woodland trees providing significant tree cover and links to other groups and belts of trees in the vicinity.  The trees could be seen from the main public highway in the village, from other residential properties and visitors utilizing Deer Park Lane.

 

The owners of Park Cottage had advised that works were proposed to develop a new access drive to the western most aspect of the woodland belt off Deer Park Lane.  Any development that involved the disturbance of the ground, whether chances in ground levels, surfacing and/or excavation works had significant potential to cause damage to trees within the vicinity of such works.  Damage to root systems had the real potential to limit the life potential, health, vigour and stability of affected trees.

 

A number of the trees in question, identified as W1, had the potential to develop into important veteran trees which, because of their age, size or condition were of exceptional value culturally in the landscape, or for their wildlife value. 

 

In accordance with the Town and Country Planning (Tree Preservation Order) Regulations 1999, objections had been received to Tree Preservation Order No. 425 (2007).  The objections were from:

 

(1)        The owners of Lorelei, Deer Park Lane, Hornby, who objected to a Preservation Order being placed on the young beech tree just inside the boundary wall in the southwest corner of the property for the following reasons:

 

·                    The tree was a young tree (approximately 20 years old) which had been    planted too near to the boundary walls and would severely    encroach over the lane.  Large lorries used the land and therefore             branches would need             to be lopped to a significant height.

 

·                    The tree was very close to the overhead telephone cable to Lorelei             and other properties further up Deer Park Lane.

 

·                    Lopping or pruning of the tree to avoid the above would result in a   misshapen tree.

 

·                    When the tree reached full maturity, it would reach  ...  view the full minutes text for item 6.