Agenda item

Application to fell 1 Ash tree, covered by NEDDC Tree Preservation Order (TPO) No 264 T1, at land between Priory Cottage and the south east side of Ambervale Flats, Moor Road, Ashover.

(Planning Manager – Development Management)

The report to Committee explained that an application had been submitted to fell one Ash Tree on land at Moor Road, Ashover. The tree was covered by Tree Preservation Order (TPO) 264T1.

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

Committee was recommended to grant permission to remove the tree, subject to conditions.

The report to Committee explained why Members were asked to approve the recommendations. Committee was informed that the tree was old, large and visibly suffering from Ash die-back disease. Members were informed that planning permission had been granted for the site, and that as part of this development the tree would be located in the garden of one of the new houses. Officers had concluded that the tree would be a safety risk if it fell on this property and its residents, and so ought to be removed. Felling the diseased tree now would also enable a replacement tree to be planted in advance of the construction work.

Members were informed that no one had registered to speak on this Application.

Committee considered the Application. It took into account the relevant planning issues. These included the visibility of the tree, what impact its removal would have on the surrounding area and the possible loss of amenity if it was removed.

Members discussed the Application. They discussed the health of the tree and the possible safety implications if it was not felled. Committee also discussed the replacement tree. Some Members stressed that this should not be allowed to become a safety hazard in its own right, but rather that it needed to be managed to ensure this did not happen.

At the conclusion of the discussion, Councillor M Foster and P Elliot moved and seconded a motion to approve officer recommendations, with the imposition of an additional condition that the replacement tree be subject to a Tree Management Plan.

The motion was put to the vote and approved by Committee.

RESOLVED -

(1)            That planning permission is conditionally approved in accordance with officer recommendations.

(2)            That an additional condition for Tree Management Plan for the replacement tree be imposed.

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

Conditions

          TPO completion of work

1.       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

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

Reason - In the interest of the appearance of the area and in accordance with Policy NE7 of the North East Derbyshire Local Plan, policies SDC2 and SDC3 of the Publication Draft Local Plan and AP15 of the Ashover Neighbourhood Plan.

Tree Protection

3.       The replacement tree hereby approved 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 16/00071/OL. 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 NE7 of the North East Derbyshire Local Plan, policies SDC2 and SDC3 of the Publication Draft Local Plan and AP15 of the Ashover Neighbourhood Plan.

          General TPO Conditions

4.       The work shall be carried out in accordance with the appropriate recommendations contained in BS 3998:2010 (Tree Works).

Reason - In the interest of the appearance of the area and the health of the tree and in accordance with policy NE7 of the North East Derbyshire Local Plan, policies SDC2 and SDC3 of the Publication Draft Local Plan and AP15 of the Ashover Neighbourhood Plan.

5.       Upon completion of the works hereby approved, all branches shall be removed and the site left in a clean and tidy condition.

Reason - In the interest of the appearance of the area and in accordance with policy NE7 of the North East Derbyshire Local Plan, policies SDC2 and SDC3 of the Publication Draft Local Plan and AP15 of the Ashover Neighbourhood Plan.