Objection to Tree Preservation Order 45/2008 Elgin Road (Land North of 16 34A (Evens) Blake

AGENDA ITEM 7

BOROUGH OF POOLE

PLANNING COMMITTEE

16th APRIL 2009

REPORT OF THE HEAD OF PLANNING AND REGENERATION SERVICES ON OBJECTION TO TREE PRESERVATION ORDER 45/2008 ELGIN ROAD (LAND NORTH OF 16 – 34A (EVENS) BLAKE HILL CRESCENT, SOUTH OF 48 – 68 (EVENS) POTTERS WAYAND EAST OF 10 – 11 COMPTON DRIVE)

PART OF THE PUBLISHED FORWARD PLAN: NO

STATUS (Strategic, Service Delivery Information)

PURPOSE

1.1To advise Members that an objection has been received in respect of Tree Preservation Order 45/2008 Elgin Road.

DECISION REQUIRED

2.1That Members confirm the Order.

BACKGROUND/INFORMATION

3.1Tree Preservation Order 45/2008 was made on 23rd October 2008. It protects a small woodland located between Elgin Road, Potters Way, Blake Hill Crescent and Compton Drive.

3.2The Tree Preservation Order is based on the following grounds:

The land is woodland in character with both mature trees and regeneration. The trees make a valuable contribution to the amenity of the area and are a visible feature from Elgin Drive and Potters Way.

The TPO is appropriate in the general interests of public amenity and in accordance with the Town and Country Planning Act (1990), Town and Country (Trees) regulations 1999, and the Department for Communities and Local Government guidance to fulfil a statutory duty.

3.3The woodland is composed of a mixture of species of varying ages. The dominant species are Scots Pine, Maritime Pine, English Oak, Silver Birch, and Holly.

3.4The woodland is considered to be of high public amenity value. It is clearly visible from Potters Way and Elgin Road. A well-used public right of way runs through the woodland and there are also unofficial footpaths within the wood that are used by the public. The woodland is also visible from a number of other public roads including Compton Drive, Compton Road, Compton Gardens, and Links Road.

3.5Area Tree Preservation Order No 27 of 1962 originally protected this site. This Order only protected trees that were present at the time the Order was made and the numerous younger trees present, which had arisen from natural regeneration, were not protected. As these younger trees were of good quality it was considered appropriate to review and update the Order with a Woodland Tree Preservation Order. This Order protects all trees present on the site including saplings and young trees.

3.6If the Woodland Order is confirmed it is the intention of the Local Authority to remove the old Area order which is out of date and ineffective.

4.Comments on the points of objection from Mr K Forkasiewicz of KJF Tree Care Ltd, on behalf of the owner, Whitelock and Co. Ltd.

4.1The reasons for the Order are not explained.

Under regulation 3 of the 1999 regulations, the Local Planning Authority must on making a TPO serve on the owner and occupier of the land affected by the TPO a regulation 3 notice that states the reasons for making the TPO. The reasons why the Order has been made, as stated within the Regulation 3 notice, are:

The land is woodland in character with both mature trees and regeneration. The trees make a valuable contribution to the amenity of the area and are a visible feature from Elgin Drive and Potters Way.

The TPO is appropriate in the general interests of public amenity and in accordance with the Town and Country Planning Act (1990), Town and Country (Trees) regulations 1999, and the Department for Communities and Local Government guidance to fulfil a statutory duty.

4.2An amenity assessment has not been undertaken

The Local Authority has followed Government advice that an amenity evaluation should be undertaken prior to the confirmation of an Order. The nationally recognised Tree Evaluation Method for Preservation Orders (TEMPO) was used in this assessment and the score resulting from this survey indicated that the woodland merits a Tree Preservation Order.

4.3The Order is contrary to Government advice with regard to making a Woodland Order.

Governmental guidance as published in Tree Preservation Orders A Guide to the Law and Good Practice, states that a Woodland Order is unlikely to be appropriate in a garden. This Woodland Order does not include any gardens. In this instance the Woodland designation is appropriate as the area being protected has a woodland character with a continuous canopy of mature trees and extensive natural regeneration taking place. This natural regeneration could legitimately be removed if not protected by a Woodland Order.

4.4The Order will hinder tree work undertaken for safety reasons.

The Arboricultural Officer does not agree with Mr Forkasiewicz belief that the Order will hinder beneficial work with regard to Community safety. Since the new Order was made 2 trees that were exempt from the Order under Section 198 (6) of the Town and Country Planning Act (1990,) due to their dangerous condition have been removed. The Council agreed that these trees were clearly in a dangerous condition and did not oppose their removal. Since the Tree Preservation Order was made 2 Tree Work Applications have been made regarding felling and pruning work. In application 08/17706/901/x (Appendix 1) it was requested that 10 trees be felled. Consent was granted for the removal of 9 of these trees. There was no Appeal against the Councils’ decision to refuse the felling of 1 tree or the condition that required the replacement planting of 3 trees. Application 08/177066/902/x (Appendix 2) requested the felling of 2 further trees and the crown cleaning of 3 trees. The Council did not oppose this work. Mr Forkasiewicz did encounter problems during the felling of trees on this site due to the Health and Safety requirements regarding the dismantling of the trees and the temporary closure of the footpath that was adjacent to the dangerous trees.

4.5The Council has not sought to encourage the landowner to bring the site into proper management.

Mr Forkaseiwicz has been advised by the Senior Arboricultural Officer that regardless of whether the trees are protected or not, if the amount of cubic timber felled exceeds the permitted threshold, he is required to obtain a felling licence from the Forestry Commission. This information was also included in the Informative notes in the Tree Work decision 08/17706/901/X (Appendix 1). The granting of such a licence would involve replanting and grants for this and other woodland management may be available under the various grant schemes operated by the Forestry Commission.

5.FINANCIAL IMPLICATIONS

5.1On going Tree Preservation administration costs.

6.LEGAL IMPLICATIONS

6.1None

7.RISK MANAGEMENT IMPLICATIONS

7.1None

8.EQUALITIES IMPLICATIONS

8.1None

9.CONCLUSIONS

9.1This Tree Preservation Order covers an area of Woodland that is considered to be of high public amenity, being visible from a number of public viewpoints and having a well-used Right of Way passing through it. The protected trees create a continuous canopy, and together with the regeneration of young trees have a woodland appearance. The woodland designation will protect all the trees present and will ensure that this woodland character is preserved. Government advice and guidelines have been followed in the making of this Order. It is recommended that Members confirm this Order to ensure the preservation of this woodland and its associated public amenity.

STEPHEN THORNE

HEAD OF REGENERATION AND PLANNING SERVICES

Report Author: Steve Chamberlain Arboricultural Officer

Contact officer: Steve Chamberlain Arboricultural Officer

Background Papers: TPO Plan 45/2008