Agenda and minutes

Appeals Committee
Friday, 14th December 2012 2.30 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 Visit: Tree Preservation Order No. 504 (2012)

Minutes:

Prior to commencement of the meeting, a site visit was undertaken as follows in response to objections received.

 

The following Members were present on the site visit:

 

Councillors Helen Helme (Chairman), Eileen Blamire, Mike Greenall, Janice Hanson and Billy Hill.

 

Officers in Attendance:

 

Maxine Knagg

-

Tree Protection Officer

Jane Glenton

-

Democratic Support Officer

 

2.

Appointment of Vice-Chairman

Minutes:

It was proposed by Councillor Hanson and seconded by Councillor Hill that Councillor Greenall be appointed Vice-Chairman of the Appeals Committee for the Municipal Year 2012/13.  There being no further nominations, the Chairman declared the proposal to be carried

 

Resolved:

 

That Councillor Greenall be appointed Vice-Chairman of the Appeals Committee for the Municipal Year 2012/13.

3.

Minutes

Minutes of the meeting held on 23 April 2012 (previously circulated) 

Minutes:

The minutes of the meeting held on 23rd April 2012 were signed by the Chairman as a correct record.

4.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

5.

Declarations of Interest

Minutes:

There were no declarations of interest.

6.

Tree Preservation Order No. 504 (2012) relating to a single group of x31 trees established along the southern bank of the River Lune, close to Holme Lane, Brookhouse pdf icon PDF 76 KB

Report of Head of Governance

Additional documents:

Minutes:

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 single group of x31 trees established along the southern bank of the River Lune, close to Holme Lane, Brookhouse, being Tree Preservation Order (TPO) No. 504 (2012).

 

The trees and land in question were under the control of Caton Parish Council, as Trustees to the Poor’s Land Charity.  The site was in a rural location.  It was currently in use to graze livestock and was let for use by a local tenant farmer. 

 

It was reported that the City Council had received two formal written objections to the TPO from Mr. John Harvey, who rented the land for grazing livestock, which was attached at Appendix 6 to the report, and from Caton Parish Council, as Trustees of the Poor Land’s Charity, which was attached at Appendix 7 to the report. 

 

A letter had been received in support of the Order from Lancaster and District Angling Association, which was attached at Appendix 10 to the report.

 

Present at the meeting were Mr. Bruce Alexander, Clerk to Caton-with-Littledale Parish Council (Appellant) and Vic Price, Honorary Secretary of Lancaster and District Angling Association and David Lister, Chairman of Lancaster and District Angling Association (Supporters).

 

Appellants

 

Mr. Bruce Alexander, Clerk to Caton-with-Littledale Parish Council, advised Members that he was representing the Trustees of the Poor’s Land Charity, who owned and managed the small piece of land on the south bank of the River Lune.  The Charity derived its income from letting the grazing and fishing rights on the river and it was the Trustees’ duty to maximise this income.  The Trustees were in the process of planning improvements to the access to the river for fishermen prior to offering a new lease on the open market, rather than continuing the previous arrangements with Lancaster and District Angling Association.

 

The trees, the subject of the TPO, had been planted some 40 years ago with the specific aim of stabilizing the riverbank from continued erosion.  They formed a linear feature along the stretch of the river bank in isolation to the rest of the river frontage and could be considered an anomalous feature in the landscape when compared to the treeless remainder of the riverbank in the area. 

 

Mr. Alexander informed Members that the Trustees were very much against the imposition of a TPO on the trees.  The Trustees wished to retain the freedom to manage the trees and to maintain the banking without recourse to seeking permission each time.  The Trustees were of the opinion that the trees did not warrant the imposition of a TPO, being in a poor condition and requiring a degree of cutting back to remove deadwood to encourage a healthy root system, particularly for the willows. 

 

Members were advised that the Trustees had no intention of removing healthy trees, but had suggested that the trees may need to be  ...  view the full minutes text for item 6.