Agenda and minutes

Appeals Committee
Friday, 19th December 2014 1.00 p.m.

Venue: Morecambe Town Hall

Contact: Jane Glenton, Democratic Services: telephone (01524) 582068 or email 

No. Item


Site Visit: Tree Preservation Order No. 539 (2014)


Prior to commencement of the meeting, a site visit was undertaken in response to an objection received.


The following Members were present on the site visit:


Councillors Helen Helme (Chairman), Tony Anderson, Chris Coates, Kathleen Graham, Caroline Jackson, Margaret Pattison and Roger Sherlock.


Also in attendance:  Councillor Mike Greenall


Officers in Attendance:


Maxine Knagg


Tree Protection Officer

Sarah Grandfield


Democratic Support Officer

Jane Glenton


Democratic Support Officer



Appointment of Vice-Chairman

To appoint the Vice-Chairman of the Appeals Committee for the Municipal Year 2014/15.


It was proposed by Councillor Margaret Pattison and seconded by Councillor Graham that Councillor Coates be appointed Vice-Chairman of the Appeals Committee for the Municipal Year 2014/15.  There being no further nominations, the Chairman declared the proposal to be carried.




That Councillor Coates be appointed Vice-Chairman of the Appeals Committee for the Municipal Year 2014/15.



Minutes of the Meeting held on 7 March 2014 (previously circulated). 


The minutes of the meeting held on 7th March 2014 were signed by the Chairman as a correct record.


Items of Urgent Business authorised by the Chairman


There were no items of urgent business.


Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.


Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)


Whilst not a legal requirement, in accordance with Council Procedure Rule 10 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register at this point in the meeting.


In accordance with Part B, Section 2, of the Code of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct.


There were no declarations of interest.


Tree Preservation Order No. 539 (2014) relating to a small woodland compartment of trees and x3 individual trees established on land east of The Shore, Hest Bank pdf icon PDF 79 KB

Report of the Chief Officer (Governance)

Additional documents:


The Committee considered a formal written objection to a decision of Lancaster City Council under Section 198 of the Town and Country Planning Act 1990 making an Order in respect of a small woodland compartment of trees (W1) and x3 individual trees (T1 to T3) established on land east of The Shore, Hest Bank, being Tree Preservation Order (TPO) No. 539 (2014), and thereafter whether or not to confirm the Order.


It was reported that TPO No. 539 (2014) had been served by the City Council to protect trees and the immediate landscape, given the potential threat from proposed development through planning application no. 14/00065/FUL, a proposal for the erection of two 2-storey 4-bedroom dwellings with associated access and landscaping on designated green belt land, where development was not generally supported.  It was noted that the application had been withdrawn prior to determination. 


Lancaster City Council had received one formal written objection to TPO No. 539 (2014) from the landowner, Mrs. Jennifer Bailey (the Appellant).  Mrs. Bailey was present at the meeting with her representative, Mr. Luke Steer, Chartered Arboriculturalist of Treescapes Consultancy Ltd.


In determining whether or not to confirm the Order, Members heard representations from the Appellant’s Representative and the Tree Protection Officer.


Appellant’s Representative


Mr. Steer advised Members that Treescapes Consultancy Ltd had first become involved in the case when Mrs. Bailey had instructed them to prepare a pre-development tree report in association with an application for planning consent to construct two residential properties in the overflow car park of The Shore Café, Hest Bank.


Treescapes Consultancy Ltd had assessed the trees included in the TPO using the guidance contained in the British Standard:  “Trees in relation to design, demolition and construction – Recommendations (BS 5837 (2012))”.  The trees had been assessed to be in Retention Category C (being trees of low quality with an estimated remaining life expectancy of at least 10 years, or young trees with a stem diameter of 150 mm and unremarkable trees of very limited merit of such impaired condition that they did not qualify in higher categories).


Mr. Steer advised that the pre-development report had assessed the life expectancies of T1, T2 and T3 to be 20 to 40 years, which was above the minimum to be assessed to be in Retention Category C, and was more than the minimum of 20 years recommended for Retention Category B.  He advised that this was only one of the criteria used to assess tree quality and should not be used alone.


Mr. Steer reported that the area of The Shore Cafe, Hest Bank, had been used as an overflow car park for many years.  Vehicles driving and parking in areas where tree roots were expected to be growing would have compacted the soil.  Compacted soil provided sub-optimal conditions for healthy root growth and could lead to reduced tree vitality or declining condition until they died.  Mr. Steer advised that following a train derailment at Hest Bank Railway Station many years ago, rubble  ...  view the full minutes text for item 19.