Agenda item

Present at the meeting to consider the matter was the appellant Mr. Parker, owner of the Land at the rear of Angle House, Gressingham.

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 individual trees located at land to the rear of Angle House, Gressingham, identified as G1 for the purpose of the Tree Protection Order. G1 was comprised of 9 mature ash trees.

The site was established within Gressingham Conservation Area, within the village of Gressingham. The trees grew along a boundary line between two private residential properties. The trees were under joint ownership, between the owners of Angle House and Sunny Lea.

The amenity value of trees within the site has been assessed using an objective and systematic approach (Tree Evaluation Method for Preservation Orders – TEMPO system). A score of 15+ was achieved supporting the action of serving a Tree Preservation Order.

Mr Parker spoke in relation to his objection to the Tree Preservation Order. The main points highlighted were as follows:

• That the appellant had concerns for the safety of his house, as the trees had grown much taller than the property and could potentially cause serious damage.
• That the appellant was unable to meet the financial costs of having the trees inspected at regular intervals and that it was easier to have them felled.
• That the trees had originally been a hedge, but had gone unmanaged for approximately 20 to 25 years and had grown to over 60 foot tall.
• That the owner of Sunny Lea had agreed to the trees being felled and given permission for the work to be carried out from his garden.
• That the trees cast a considerable shadow over Angle House and its garden.
• That the appellant had concerns about the root system of the trees and the potential damage which they could cause to Angle House.

Members directed questions to Mr. Parker.

The Tree Protection Officer informed the Committee that it was considered expedient, in the interests of amenity to make provision for the preservation of the trees in question under sections 198, 201 and 203 of the Town & Country Planning Act 1990. The Tree Protection Officer stated that the site was an important visual amenity and landscape feature which could be seen from the public highway. The site also provided an important wildlife resource.

Committee were advised that the applicant had been informed that the trees should be inspected in detail in order that maintenance needs could be identified and the necessary maintenance works undertaken. The trees had been difficult to inspect in detail because of the extensive ivy growth covering the trees and the Tree Protection Officer advised that this ivy would need stripping off for a detailed examination to be undertaken.

It was reported that Lancaster City Council would not be concerned with preserving a dead, dying or dangerous tree, and that if a detailed examination showed that this was the case that the Tree Preservation Order may require removal.

The Tree Protection Officer addressed the concerns which the appellant had raised.

It was reported that there were methods which could be used to thin the canopy of the trees and allow more light into the property and garden. It was also reported that the root system of the trees should not be a threat to the property but that a detailed examination would give a better idea of the current situation.

Members were advised that although the trees had been a hedge in the past, they were now ‘standard trees’ and had a significant impact in terms of public amenity as a group. 

Members directed questions to the Tree Protection Officer.

(The Committee adjourned to consider the evidence. The Tree Protection Officer, Mr. Parker and members of the public left the meeting at this point.)

Members considered the options before them:

(1)               To confirm Tree Preservation Order No. 455 (2009)

(a)        Without modification

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

(2)               Not to confirm Tree Preservation Order No. 455 (2009)

It was proposed by Councillor John Gilbert and seconded by Councillor Bob Roe:

“That Tree Preservation Order No. 455 (2009) be confirmed without modification.”

Members felt that there was no evidence to support the claim that the trees at G1 were a risk to the property at Angle House.

Upon being put to the vote 5 members voted in favour of the proposition, 1 member voted against and 1 member abstained whereupon the Chairman declared the proposition to be carried.

(The Committee reconvened to give their decision. The Tree Protection Officer, Mr. Parker and members of the public returned to the meeting at this point.)

Resolved:

That Tree Preservation Order No. 455 (2009) be confirmed without modification.