Agenda and minutes

Prior to commencement of the meeting, site visits to 8 The Nook, Bolton-le-Sands and 29A and 31 Stanhope Avenue, Morecambe were undertaken, in response to objections received to Tree Preservation Order Nos. 428 and 436.

The following Members were present on the site visits:

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

Officers in Attendance:

It was proposed by Councillor Sherlock and seconded by Councillor Kirkman:

“That Councillor Helme be appointed Vice-Chairman of the Appeals Committee for the Municipal Year.”

There were no further nominations.

Resolved:

That Councillor Helme be appointed Vice-Chairman of the Appeals Committee for the Municipal Year.

Minutes of the Meeting held on 12^th March 2008 (previously circulated) 

The Minutes of the meeting held on 12^th March 2008 were signed by the Chairman as a correct record.

There were no items of urgent business.

There were no declarations of interest.

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

The Committee considered an appeal against a decision of the Council under Section 198 of the Town and Country Planning Act 1990, making an Order in respect of a tree established within the rear garden of 8 The Nook, Bolton-le-Sands and within the Bolton-le-Sands Conservation Area, being Tree Preservation Order No. 428 (2008).

It was reported that Number 8 The Nook was for sale, and the City Council had received written notification to fell the tree from Lakeland Landscapes Limited on behalf of the home owner.

The Tree Protection Officer advised that the tree was a mature sycamore of a single stem form, identified as T1.  The tree’s bud and shoot distribution and growth were evenly distributed across the crown, indicating a good state of health and vigour.  Access to the property had not been possible and the condition of the main stem could not be clearly viewed.  The top part of the tree could be clearly seen from an adjacent car park area serving a number of residential properties and it was visible from the public highway of The Nook.

The amenity value of T1 had been assessed using an objective and systematic approach (Tree Evaluation Method for Preservation Orders – TEMPO system).  A score of 15+ had been achieved and this supported the action of serving a Tree Preservation Order.

It was reported that T1 contributed to local amenity by providing the following;

·         Visual amenity

·         Improvements in air quality, screening and privacy

·         Urban greening and a wildlife source.

The City Council therefore considered it expedient in the interests of amenity to make provision for the preservation of the tree in question under Sections 198, 201 and 203 of the Town & Country Planning Act 1990 for the following reasons:

• trees provided important public amenity benefits
• were under threat from removal
• were a wildlife resource

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

Objections to the granting of the Tree Preservation Order had been received from the property owner, as follows:

(1)        The tree was not a prominent landscape feature.  Its crown was visible from a       nearby court and part of Ancliffe Lane, but its proximity to the houses in The Nook made it mostly invisible from the road;

(2)        The tree was an isolated tree surrounded by hedging and shrubs.  There was a     tree line at the bottom of the garden (60 feet away), but there was no obvious            connection between the tree and those.

(3)        The tree was not a native tree.  An ecologist had advised that sycamores did         not provide a significant resource for wildlife.

(4)        It was an old tree and was partially diseased.  There were leafless branches          during the summer and the tree also shed branches from time to time.

(5)        It was close to two houses and the majority of residents north of the tree  ...  view the full minutes text for item 6.

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

The agents of the owners of 29A and 31 Stanhope Avenue, Morecambe raised objections on behalf of their clients regarding the late arrival of the notification letter advising objectors of the date and time of the Appeals Committee meeting.  The letter had been posted in time to give 5 clear working days’ notice, but had not been delivered until Friday, 4^th July 2008.

It was proposed by Councillor Kirkman and seconded by Councillor Helme:

“(1)      That, in consideration of the late notification received by objectors, the matter be deferred and considered by the Committee at a later date.

(2)        That an Appeals Committee be scheduled for Tuesday, 22^nd July 2008, commencing at 4.30 p.m. to consider Tree Preservation Order No. 436 (2008).”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be carried.

Resolved:

(1)        That, in consideration of the late notification received by objectors, the matter be deferred and considered by the Committee at a later date.

(2)        That an Appeals Committee be scheduled for Tuesday, 22^nd July 2008, commencing at 4.30 p.m. to consider Tree Preservation Order No. 436 (2008)