Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

RESOLVED: That the Tree Preservation Order TPO/00205 (2022) – G1 – for a group of 25 Pine Trees was not confirmed.

Audio recording – 11 minutes 6 seconds

The Planning Officer provided the following update:

·         The TPO was in response to an application to fell five pine trees at Sollershott Hall (reference 22/02634/TCA), which was refused in November 2022.

·         There had been two letters of objection to the TPO, with issues raised including road lifting, potential danger of falling deadwood, damage to the fabric of Sollershott Hall and original drainage systems.

The Planning Officer presented the report in respect of application TPO/00205 (2022) supported by a visual presentation consisting of photographs and plans.

The following Members asked questions:

·         Councillor David Levett

·         Councillor Daniel Allen

·         Councillor Tony Hunter

In response to the questions, the Planning Officer advised:

·         The TPO covered a group 25 pine trees.

·         The TPO was served in December 2022.

·         The trees concerned provide significant landscape and amenity value from assessment.

·         There was some root uplifting reported in the assessment, however it was felt that removal of the trees would be more harmful.

In response to the question from Councillor Daniel Allen, the Acting Development and Conservation Manager advised that letters were sent to everyone involved in the Tree Preservation Order but was unaware of the delays in receipt.

The Committee, Member and Scrutiny Manager advised that the letter was dated 29 March 2023, and that the Council could not be responsible for delivery of the letter.

The Legal Adviser advised that the agenda would have been available to the public in line with the legal deadline before the meeting. Two members of the public had registered to speak for the item, so appropriate notice was given.

The Acting Development and Conservation Manager further advised that the Council had six months to confirm the TPO after it was served. If the TPO was not confirmed within the timeframe, it would fall away, and the trees would become vulnerable.

In response to a question from Councillor Hunter, the Acting Development and Conservation Officer advised that the TPO was bought to the Committee as a TCA had been submitted.

The Chair invited Yasmin-Kate Pattison to present in objection to the Tree Preservation Order. Ms Pattison thanked the Chair, provided a verbal presentation and advised:

·         A request had been submitted to the Letchworth Heritage Foundation in 2022 which did not have any issues.

·         An Independent Health and Safety Risk Assessment found that the tree roots had damaged and lifted the driveway at Sollershott Hall, which was the main access point to the building and left the pathway unsafe.

·         An Engineer Report had found one tree leant towards Block 34-39, which posed a risk to the building.

·         There were plans to replant the trees after the driveway had been upgraded.

The Chair invited Richard Dennis to present in support of the Tree Preservation Order. Mr Dennis thanked the Chair, provided a verbal presentation and advised:

·         The trees added amenity value and encouraged wildlife to the area.

·         It would take a long time to replace the trees if they were felled. Therefore, a TPO should be implemented to protect the trees.

The Planning Officer advised that conditions could be placed within the TPO, such as a registered arborist would be required to undertake work. Replacement conditions could also be added.

The following Members asked questions:

·         Councillor Alistair Willoughby

·         Councillor David Levett

·         Councillor Sean Nolan

In response to the questions, the Acting Development and Conservation Manager advised:

·         Anyone could submit an application with supporting statements for work on trees protected by a TPO.

·         TPOs do not appear on the public planning portal until they are confirmed.

·         The TPO description of works could be amended to exclude certain or a group of trees.

The following Members took part in discussion:

·         Councillor Daniel Allen

·         Councillor Tom Tyson

·         Councillor David Levett

·         Councillor Alistair Willoughby

·         Councillor Morgan Derbyshire

Councillor Alistair Willoughby proposed, Councillor Tom Tyson seconded, and following a vote, it was lost. Therefore, it was:

RESOLVED: That the Tree Preservation Order TPO/00205 (2022) – G1 – for a group of 25 Pine Trees was not confirmed.