Agenda item

Application for the removal of 34 Poplars covered by TPO No 6 on land to the North and West of The Poplars, Ankerbold Road, Old Tupton

(Planning Manager – Development Management)

The Planning Officer presented the report. Verbal representations were heard in objection from Ward Councillor Ross Shipman. Members had the opportunity to question speakers and officers. The application was discussed in length, including issues surrounding potential flooding risks should the trees be removed and loss of screening for nearby houses, as well as the potential reasons and motives for submitting the application. Members also discussed the need for replacement trees to be substantial in terms of number and size, and the Planning Manager confirmed that if the Committee were minded to approve then they could require more or different types of trees in terms of height or species, should they wish. The Legal Officer advised the Committee to disregard any suggestions for the potential reasons and motives for removing the trees other than that which is highlighted in the application relating to the amenity of the area. He noted that if the trees were deemed to be dead or dangerous then the applicant could remove them with no need to apply for permission and in that situation the Council would not be able to require the planting of any replacement trees. 

Following the discussion, Councillor Elliott moved a motion to APPROVE the application as per Officer’s recommendations with an amendment to condition 2 to delegate authority to the Planning Manager to agree a suitable scheme of replanting including a higher number of replacement trees as appropriate. This was seconded by Councillor Armitage.

RESOLVED –

That the application be granted full Planning Permission subject to the following conditions;

TPO completion of work

The work hereby granted consent shall be completed within two years from the date of this decision notice.

Reason – For clarity and the avoidance of doubt.

TPO Scheme for Replacement

Notwithstanding the submitted details, within 28 days of the date of this decision a scheme of replacement trees to compensate for the removal of the trees, hereby permitted to be felled, shall be submitted to and be approved in writing by the Local Planning Authority (LPA). The approved scheme of replanting shall then be fully implemented, as agreed, in the next planting season following the written approval of the LPA being given.

Reason - In the interest of the appearance of the area and in accordance with Policy NE7 of the North East Derbyshire Local Plan.

Tree protection

The replacement trees shall be subject to the same protections afforded to existing trees as laid out in the landscaping details submitted to discharge condition 6 pursuant of 18/00056/FL.  The means of protection shall be installed in accordance with the approved scheme before any other works commence on site and retained in position until all the building works, as approved, have been completed. The area within the relevant fenced/protected areas shall not be used for storage or the parking of machinery or vehicles and the ground levels shall not be altered.

Reason - In the interest of the amenity of the area and in accordance with Policies NE7of the North East Derbyshire Local Plan