Agenda item

NED/21/00125/TPO - ASHOVER

Application to remove 2 Beech and  1 Willow trees and the pruning of 1 Norway Maple tree covered by Tree Preservation Order (TPO) No. 280 (Amended Title) on land at The Bourne, Moor Road, Ashover


(Planning Manager – Development Management)


The report to Committee explained that an Application had been submitted affecting four of the trees covered by Tree Preservation Order (TPO) 280 at The Bourne, Moor Road, Ashover.


The Application had been referred to the Committee by Local Ward Member, Councillor W Armitage, who had raised concerns about it.


Committee was recommended to approve the proposed felling of Tree 1 and Tree 34, with replacement trees then planted. Committee was recommended to reject the proposal to fell Tree 32 and agree that it be pruned instead. Finally, Committee was recommended to accept the proposal to prune Tree 8.


The report to Committee explained why Members were asked to approve the recommendations. As part of this, Members were informed that Tree 1, which dated back to the mid to late nineteenth century, was now showing signs of infection in its upper parts. The tree had also grown at an angle and was leaning towards the highway. There was a danger that if the tree fell it would put at risk people, neighbouring properties and vehicles on the highway. If it was not removed then it might cause further damage to the surrounding built environment. Officers had concluded, therefore, that the tree should be removed, subject to the condition that a suitable replacement for it be planted.


Before Members discussed the Application those registered to speak were asked to address the Committee. A Petrie spoke to oppose the felling of Tree 1. P Brabbing spoke in favour of felling the tree. The Agent, W Anderson spoke in support of the Application as a whole.


Committee considered the Application. It took into account the relevant Planning Issues. These included the visibility of the trees to the public, the impact on their ‘amenity value’ to the local area and their contribution to the Special Landscape Area.


Members discussed the Application. They heard about the damage to the highway wall, immediately next to Tree 1. They discussed whether this damage could be rectified and what impact this might have on the plant. They heard about the damage to the drains and The Bourne property which had occurred.


They reflected on the concerns expressed about Tree 1, its probable longevity, its state of health and the serious safety implications if it was to fall.  Some Members queried whether additional information to clarify these points might be required. Other Members contended that the Committee had sufficient information on which to make its determination.


At the conclusion of the discussion Councillor J Ridgway and Councillor D Hancock moved and seconded a motion to defer the Application, so that additional information could be obtained to inform the Committee’s determination. The motion was put to the vote and was defeated.


Councillors D Ruff and A Cooper then moved and seconded a motion to accept officer recommendations, with an additional condition that a management scheme for the replacement and pruned trees be put in place. The motion was put to the vote and approved by Committee.




(1)  That the Application be partly and conditionally approved in line with officer recommendations.


(2)  That approval be subject to the proposed conditions and reason for refusal in relation to Tree 32.


(3)  That final wording of the conditions and reason for refusal be delegated to the Planning Manager (Development Management).




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


2.         Notwithstanding the submitted details, the work hereby approved shall be restricted to the following:


i.     The Felling of tree(s) T1 & T34

ii.    The Crown Reduction of tree T8 by a maximum of 1/3

iii.   The pruning of Tree T8 to reduce the height and spread by approximately 20%

iv.   The Pruning of Tree T32 to reduce the height and spread by approximately 25%


3.         The work shall be carried out in accordance with the appropriate recommendations contained in BS 3998:1989 (Tree Works) and in general shall in no way prejudice the health, balance and natural appearance of the tree.


4.         Prior to the felling of the trees (T1 and T34) hereby approved, details of the position, size and species of two replacement trees shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter, the replacement trees shall be planted in accordance with the approved scheme in the next planting season following the felling works.


5.        Before the replacement trees approved in condition 4 above are planted a detailed 20 year management plan for both trees shall be submitted and approved in writing by the Local Planning Authority


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