Agenda item

Report of the Chief Officer (Legal and Governance)

The Committee received the report of the Chief Officer (Legal and Governance) to consider the objection received to Tree Preservation Order No. 615 (2017) located at 1-5 Ashton Barns, Ashton Road, Ashton-with-Stodday, and thereafter whether or not to confirm the Order.

It was reported that the trees in question were four mature sycamore trees established on land opposite 1-5 Ashton Barns, Ashton Road, Ashton-with-Stodday.  Members were advised that a concern had been expressed to the Council that two large mature sycamore trees had been felled on the land in question and that the remaining trees may be at risk of removal if unprotected.  Tree Preservation Order No. 615 (2017) had therefore been made on 28^th June 2017 in the interest of public amenity value and wildlife benefit.

In determining whether or not to confirm the Tree Preservation Order, Members considered the letters received, which were set out in the Agenda.

Mrs. Sarah Clark (Objector and owner of the land)

The Chairman advised Members that Mrs. Clark had been unable to attend the hearing, due to work commitments, and referred them to Mrs. Clark’s letter dated 25^th July 2017, which set out her reasons for objecting to Tree Preservation Order No. 615 (2017), as follows:

(1)        T4 sycamore was situated in the private front garden of her home, Hayloft Barn, and a more accurate description of the position of T4 was opposite Hayloft Barn, not 1-5 Ashton Barns.

(2)        Mrs. Clark considered it an unnecessary restriction relating to a tree which was located in her private garden, which for around 20 years had provided a play area, including zip wire affixed to the trees with bird boxes.  This would no longer be enjoyed if a Tree Preservation Order was imposed.

(3)        One of the trees, which had been felled within the front garden to Hayloft Barn on 1^st June 2017, had died and had been considered dangerous.  The other, which was interfering with light and services, also located within the front garden, did not put all other trees located in Hayloft Barn garden, either to the front or the rear of the property or any other trees in the vicinity, under the threat of removal.  Had that been the case, T1-T4 would also have been removed on 1^st June 2017. 

(4)        The imposition of Tree Preservation Order No. 615 (2017) on T4 would almost certainly take the privacy in her front garden.

Following consideration of Mrs. Clark’s written representation, Members of the Committee had the opportunity to raise questions on the representation.

Once there were no further questions, Members considered the letter in support of Tree Preservation Order No. 615 (2017) from Judy Camp of 2 Ashton Barns, Ashton-with-Stodday, which was set out in the Agenda.

Tree Protection Officer’s Report

The report advised that the four mature sycamore trees, namely T1-T4, all appeared to be in a good state of health and vitality and free from significant pest and disease when observed from ground level.  They all had long periods of useful remaining life potential if under good arboriculture control and ongoing management.

All four trees had the potential to offer opportunities for wildlife in terms of habitat and foraging, which may include protected species, such as nesting birds and bats, both groups of which were protected under the Wildlife & Countryside Act (as amended 2010) 1981.

Whilst the four trees had limited visual amenity from the main public highway to the south (Ashton Road), this did not lessen their importance as key component features of their immediate locality and the important contribution they made to the character and appearance of the wider estate.  Visitors to the commercial elements of the estate benefited from the visual amenity that the trees conveyed.  All four of the trees had become important landscape features that were entirely in-keeping with the estate.

The Council had used a Tree Evaluation Method for Preservation Orders (TEMPO) to demonstrate a structured and consistent approach to the assessment of trees and woodlands in relation to their suitability for inclusion within a Tree Preservation Order.  A cumulative score of 15 had been achieved, indicating that at the time of the initial assessment, the trees in question definitely merited protection within a Tree Protection Order.

The Tree Protection Officer’s report addressed the points raised in Mrs. Clark’s letter of 25^th July 2017, as follows: 

(1)        Mrs. Clark’s objection related solely to the inclusion of T4 within the Tree Preservation Order.  Mrs. Clark had not made a formal objection to the protection of trees identified as T1, T2 and T3.

(2)        Lancaster City Council would amend the description of Tree Preservation Order No. 615 (2017) to state trees on Land opposite Hayloft Barn and Nos. 1-5 Ashton Barns, Ashton Road, Ashton-with-Stodday.

(3)        Bird or bat boxes could be fixed to a tree the subject of a Tree Preservation Order, so long as it was done in a manner sympathetic to the tree.  There had been no evidence of a zip line at the time of the assessment.  The imposition of a Tree Preservation Order would not prevent the area of garden from being used for recreational purposes.

The trees in question had sufficient amenity value and importance within the landscape, and may be under threat, therefore their protection under a Tree Preservation Order was justified.  It was recommended that Tree Preservation Order No. 615 (2017) be confirmed, subject to the modifications set out in the Tree Protection Officer’s report.

Following consideration of the Tree Protection Officer’s report, Members of the Committee had the opportunity to raise questions on the report.

(The Committee passed a resolution to exclude the press and public on the basis that, in making its decision, exempt information would be received in the form of legal advice.)

Members considered the options before them:

(1)        To confirm Tree Preservation Order No. 615 (2017) -

(a)          without modification;

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

(2)        Not to confirm Tree Preservation Order No. 615 (2017).

It was proposed by Councillor Metcalfe and seconded by Councillor Brown:

“That Tree Preservation Order No. 615 (2017) be confirmed, subject to the following modification, as set out in the Tree Protection Officer’s report:

(1)        That the description of Tree Preservation Order No. 615 (2017) be amended to state trees on land opposite Hayloft Barn and Nos. 1-5 Ashton Barns, Ashton Road, Ashton-with-Stodday.”

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

(The press and public returned to the meeting room at this point.)

Resolved:

That Tree Preservation Order No. 615 (2017) be confirmed, subject to the following modification, as set out in the Tree Protection Officer’s report:

(1)        That the description of Tree Preservation Order No. 615 (2017) be amended to state trees on land opposite Hayloft Barn and Nos. 1-5 Ashton Barns, Ashton Road, Ashton-with-Stodday.