Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

To consider the confirmation of Tree Preservation Order TPO/00215 (2024).

RESOLVED: That a decision on the confirmation of TPO/00215 be DEFERRED to allow for a new provisional Tree Preservation Order to be issued with an amended plan that provided for a revision in the extent of the land covered by a TPO.

Audio Recording – 4 minutes 43 seconds

N.B. Councillor Bryony May declared an interest due to a friendship with the Objector and left the chamber.

The Planning officer presented the report of the Tree Preservation Order (TPO) - TPO/0215 supported by a visual presentation consisting of photographs and plans.

In response to a point of clarification from Councillor Louise Peace, the Planning Officer advised:

·       The responsibility for maintaining the trees was with the landowner.

·       The TPO was bought to the Planning Control Committee due to the receipt of an objection during the public consultation.

The Chair thanked the Planning Officer and invited the Objector, Mrs Paula Davies, to speak against the TPO. Mrs Davies thanked the Chair for the opportunity and provided the Committee with a verbal presentation, including that:

·       The TPO ran across the full boundary of her property resulting in additional work for her when maintaining her garden.

·       She does welcome the TPO as when trees had been removed previously by the landowner they had not been replaced.

·       The TPO did not include the definition of a tree, and she was unsure what she would be able to prune without requesting permission from the Council. Due to personal health circumstances, it would not be possible for her to complete paperwork when doing gardening.

·       The only other land affected by the TPO would be a community plot.

·       She had not received any notice of the TPO and she only found out about it 5 days after it was enforced.

·       She requested the boundaries of the TPO be changed to allow 1m grace between her property edge and the area covered by the TPO.

 The following Members asked for points of clarification:

·       Councillor Emma Fernandes

·       Councillor Martin Prescott

·       Councillor Tom Tyson

·       Councillor Louise Peace

·       Councillor Nigel Mason

In response to points of clarification, the Planning Officer advised:

·       All trees were considered equal in a TPO.

·       Provisional TPO’s needed to be confirmed within 6 months of serving.

·       The purpose of the TPO was to protect green infrastructure network and create a barrier between residential and commercial properties, Therfield Heath and the highway. and the highway.

In response to points of clarification the Development and Conservation Manager advised:

·       A change to the boundaries was possible if a new TPO was drawn up with altered boundaries.

·       The Conditions under a planning permission normally require any tree that dies to be replaced within 5 years

·       This Provisional TPO would expire at the end of May if not confirmed by Members today.

·       If a new TPO is put in place, and there were no objections received it would not come back to this Committee but would be decided by officers under delegated powers.

In response to a point of clarification, Mrs Davies advised she would not have an objection to a future TPO in the area if the boundaries were changed.

In response to a point of clarification, the Senior Planning Solicitor advised:

·       The law that covered TPOs was wide-ranging and the current TPO met the government guidance.

·       It was common for no advanced notice to be given when issuing  a TPO as the main purpose of the order was to protect trees.

·       There was no lawful way to give special dispensation to one member of the public so they could prune trees without  obtaining consent. 

·       It could be an option that, prior to the objector doing works, the landowner could make the application.

·       Members could confirm this order or, as an alternative, require a new TPO to be issued to accommodate the issues raised by the objector.

Councillor Martin Prescott proposed to defer decision on this TPO and instruct the Development and Conservation Manager to provide a revised TPO and this was seconded by Councillor Tom Tyson.

The following Members took part in the debate:

·       Councillor Nigel Mason

·       Councillor Elizabeth Dennis

Points raised during the debate included:

·       The priority should be the wellbeing of the trees, Members must be sure no harm will come to the trees before the new TPO was put in place.

·       Members trusted officers and can be sure that the new TPO will be put in place before May when the current one runs out.

As part of the debate the Development and Conservation Manager suggested that officers meet the Objector on site to try to make sure the new TPO met both her needs as well as ensuring the protection of the group  of  trees.

Having been proposed and seconded, and, following a vote, it was:

RESOLVED: That a decision on the confirmation of TPO/00215 be DEFERRED to allow for a new provisional Tree Preservation Order to be issued with an amended plan that provided for a revision in the extent of the land covered by a TPO.

N.B. At the end of the item Councillor Bryony May returned to the chamber at 19:49.