Agenda item

Application to manage various trees under NEDDC Tree Preservation Order (TPO) 276 Area A1 at land opposite 24 to 44 Clay Lane, Clay Cross

(Planning Manager – Development Management)

The report to Planning Committee explained that an Application had been submitted to carry out work on trees covered by Tree Preservation Order (TPO) 276, at land opposite 24 to 44 Clay Lane, Clay Cross. The Application had been referred to the Committee at the request of Cllr R Shipman, who had raised concerns about it.

Committee was recommended to approve the Application, subject to the conditions set out in the report.

The report to Committee explained why Members were asked to approve the recommendations. As part of this, they were informed that although the proposals to fell two trees (T1) and (T2) had been included in the Application, this work had now taken place, as allowed by law, so that the previously agreed permission for a residential development on the site could be progressed. Officers felt that the proposals for managing the remaining trees would help repair the damage caused to them by storms and the construction work on the site, and so should be approved.

Before Members discussed the Application, those registered to speak were asked to address the Committee. Cllr R Shipman, as the Member who had referred the Application to Committee spoke against the Application, as did R Eden. J Kirk and the applicant, D Abbott, spoke in support of it.

Committee considered the Application. It took into account the location of the trees covered by the TPO and the implications of the planning permission already granted for the development on the site and which had allowed trees T1 and T2 to be removed. Committee considered the relevant national and local planning policies. It took into account the account the National Policy Framework and Council polices, SDC3 – Landscape Character and SDC2, Trees, Woodlands and Hedgerows. It also considered the impact of the proposed works on the amenity of the trees as a group.

Members discussed the Application. Some Members expressed regret that the Committee had not been asked to determine whether trees T1 and T2 should be removed. They sought clarification and expressed concern about the method by which they had been felled. They also sought clarification about the proposed Crowning of specific trees and whether alternative approaches might be possible. Some Members expressed concern about the damage which had taken place as a result of the construction work on the residential development, which made necessary the proposed, retrospective, remedial measures. 

Members noted that the site had been affected by recent heavy rainfall and that photographs showing the impact of this rainfall had been emailed to Planning Committee Members from outside of the Council. The Planning Manager (Development Management) explained that these photographs had been prepared in relation to the residential development and the flood risk. They did not deal with the proposals in the Application to carry out works on trees covered by the TPO. Consequently, they had not been included in the Late Representations report, which had been published as part of the Committee’s agenda and circulated to Members.

Some Members expressed their regret that the two trees had been felled. They hoped that in addition to two suitable replacement trees, four more appropriate trees could also now be planted in the area covered by the TPO. They asked that this be included as a specific condition for the Committee’s approval of the Application. 

At the conclusion of the discussion Councillor D Ruff and Councillor P Elliot moved and seconded a motion to approve officer recommendations, subject to an additional condition requiring the planting of a suitable number of appropriate replacement trees.

The motion was put to the vote and was carried.

RESOLVED -

(1)  That Planning permission is conditionally approved in accordance with officer recommendations and with an additional condition requiring the planting of six suitable trees in the area covered by TPO 276.

(2)  That the final wording and content of the conditions be delegated to the Planning Manager (Development Manager).

Conditions

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

2         The works hereby approved shall be in accordance with the submitted Tree Works Plan 9610-T-03 revision B; Tree; Tree Works Recommendations Revision A and Tree Works Schedule Revision A with the exception of the crown lifting proposed in the north west corner of the site (in the area outlined in red on the attached plan) where no works of crown lifting shall take place.

3         The works 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         Within 6 months of the date of this permission a scheme for the planting of 6no. semi mature trees, of native species, including a timetable for implementation and long term care and maintenance, shall be submitted to and be approved in writing by the Local Planning Authority. The agreed details shall then be implemented fully as approved.

 5         No works shall be undertaken at any time so as to disturb nesting birds

Reasons:

1         For clarity and the avoidance of any doubt

2         For clarity and the avoidance of any doubt

3         For clarity and the avoidance of any doubt

4         For the avoidance of any doubt and to supplement the tree cover in the area following the loss of other trees and the impact on the tree canopy from the other works undertaken.

 5         To protect the ecology of the area.