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 trees located at the proposed wind turbine project site, Lancaster University, Bailrigg Lane, Lancaster. The trees in question have been identified as T1 – T7, and three woodland areas identified as W1, W2 and W3.

It was reported that the Tree Protection Officer had provided a consultation response to Planning Application no: 10/00039/FUL. A full objection was made to the extent of the proposed tree removals. The Tree Protection Officer had determined that the proposed tree removals would have a detrimental and long-term adverse impact on the existing individual trees, hedgerows and woodlands which could not be mitigated by proposed replacement planting.

The amenity value of the trees within the site had 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.

It was considered that trees within the site and off site contributed significantly to the local amenity as they were highly visible landscape features which made an important contribution to the character of the wider area. They were considered to be important historically and biologically as many of the trees were of veteran status or potential veteran status. The trees also provided an important wildlife resource.

The Tree Protection Officer advised the committee that the future of the site was uncertain, as a new planning application could be submitted at any time. If the TPO were confirmed then the site would be protected against any future developments

It was advised that although Lancaster University had a good previous record in managing trees on its land, if a future planning application were granted the site would be handed over to a developer and without the TPO it would be difficult to control what happened on the site.

Members directed questions to the Tree Protection Officer.

(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. 467 (2010)

(a)        Without modification

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

(2)               Not to confirm Tree Preservation Order No. 467 (2010)

It was proposed by Councillor Janie Kirkman and seconded by Councillor Chris Coates:

“That Tree Preservation Order No. 467 (2010) be confirmed without modification.”

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

Resolved:

That Tree Preservation Order No. 467 (2010) be confirmed without modification.  

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

Summary of decision:

The committee have considered the report of the Council's Tree Protection Officer and the representations made this afternoon. The Committee have voted in favour of confirming the TPO No 467 without modification