Agenda item

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 number of trees established in the curtilage of Abbeyfield, Cove Road, Silverdale identified in two groups, G1 and G2 and two large areas, A1 and A2.

G1 was a group of mixed species trees including maple, beech, yew, horse chestnut and lime; G2 included 2 lime trees and a purple beech tree. A1 and A2 included a large number of mixed species evergreen and deciduous trees all of which were the subjects of Tree Preservation Order No. 443 (2008) (TPO).

The Tree Protection Officer advised that the property was a care facility with extensive tree cover around all boundaries and within the site around buildings and car park facilities. The tree population was diverse in terms of species and age classification and there were important individual trees within the site as well as collectively being an important component of the AONB in which the site sits. The trees were clearly visible from a number of neighbouring residential properties, public highway and public footpaths including the foreshore area.

It was noted that the trees were under threat from the proposed development of the site. The planning application relating to the site would be considered as a separate planning matter from the TPO.

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

It was reported that 3 letters had been received in objection to the TPO. The main points for objection were outlined and the Tree Protection Officer addressed the objections raised.

Members directed questions to the Tree Protection Officer.

The Tree Protection Officer advised the Committee that she did not believe extra costs would be incurred by the site owner because the trees were subject to a TPO.

(The Committee adjourned to consider the evidence. The Tree Protection Officer left the meeting at this point.)

Members considered the options before them:

(1)               To confirm Tree Preservation Order No. 443 (2008)

(a)               Without modification

(b)        Subject to such modification as is considered expedient

(2)               Not to confirm Tree Preservation Order No. 443 (2008)

It was proposed that Tree Preservation Order No. 443 (2008) be confirmed subject to the exclusion of A2.

Members felt that there was no threat to A2 and that these trees were well managed and maintained.

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

(The Committee reconvened to give their decision. The Tree Protection Order returned to the meeting at this point.)

Resolved:

That Tree Preservation Order No. 443 (2008) be confirmed subject to the exclusion of A2 from the order.

Councillor Sheila Denwood had declared an interest in the following item as she knew the residents of 27 Belle Vue Terrace, and took no part in consideration of the item. Councillor Helen Helme took the Chair for the following item only as Vice-Chairman.