Agenda and minutes

Appeals Committee
Thursday, 30th April 2015 11.30 a.m.

Venue: Lancaster Town Hall

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

Items
No. Item

In the absence of the Chairman, Councillor Coates, Vice Chairman in the Chair.

20.

Site Visit: Tree Preservation Order No. 544 (2015)

Minutes:

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

 

The following Members were present on the site visit:

 

Councillors Chris Coates (Vice-Chairman), Tony Anderson, Kathleen Graham, Margaret Pattison, Sylvia Rogerson and Roger Sherlock.

 

Officers in Attendance:

 

Maxine Knagg

-

Tree Protection Officer

Jenny Kay

-

Civic and Ceremonial Democratic Support Officer

 

21.

Minutes

Minutes of the Meeting held on 19 December 2014 (previously circulated) 

Minutes:

The minutes of the meeting held on 19th December 2014 were signed by the Chairman as a correct record.

The Committee adjourned for 5 minutes.

22.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business.

23.

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.

Minutes:

There were no declarations of interest.

Councillor Rogerson left the meeting midway through the following item and did not return.

24.

Tree Preservation Order No. 544 (2015) relating to an area of trees and woodland established within the Ridgeway Park Estate, Lindeth Road, Silverdale pdf icon PDF 88 KB

Report of Chief Officer (Governance)

Additional documents:

Minutes:

The Committee considered three formal written objections to a decision of Lancaster City Council under Section 198 of the Town and Country Planning Act 1990 making an order in respect of an area of trees and woodland established within the Ridgeway Park Estate, Silverdale, being Tree Preservation Order (TPO) No. 544 (2015), and thereafter whether or not to confirm the order.

 

It was reported that TPO No. 544 (2015) had been made further to a visit by a council officer in connection with planning application no. 15/00049/RCN, when it had come to the attention of the council that a large number of mature and early mature trees had been felled from woodland within the curtilage of Ridgeway Park, Lindeth Road, Silverdale.

 

In determining whether or not to confirm the TPO, members heard representations from the Appellants - Alison McLeod, Roger Aitken and Anthony Stubbs - and Andrew Willison-Holt of Holt Planning Consultancy Ltd, agent for Mr. & Mrs. Stubbs.  The Tree Protection Officer then presented the case on behalf of Lancaster City Council.

 

(The Tree Protection Officer, the Appellants - Alison McLeod, Roger Aitken, Anthony Stubbs and Ann Stubbs - and Andrew Willison-Holt, agent for
Mr. & Mrs. Stubbs, left the meeting room whilst the Committee made

its decision in private.)

 

Members considered the options before them:

 

(1)        To confirm Tree Preservation Order No. 544 (2015) -

           

(a)  without modification;

(b)  subject to such modification as is considered expedient.

 

(2)        Not to confirm Tree Preservation Order No. 544 (2015).

 

It was proposed by Councillor Graham and seconded by Councillor Margaret Pattison:

 

“That Tree Preservation Order No. 544 (2015) not be confirmed.”

 

Upon being put to the vote, 4 Members voted in favour of the proposition and 1 against, whereupon the Chairman declared the proposal to be carried.

 

(The Tree Protection Officer, the Appellants - Alison McLeod, Roger Aitken, Anthony Stubbs and Ann Stubbs - and Andrew Willison-Holt, agent for
Mr. & Mrs. Stubbs, returned to the meeting for the decision to be announced.)

 

Resolved:

 

That Tree Preservation Order No. 544 (2015) not be confirmed.