Download Modification to Tree Preservation Order DA440 - Hellidon

Report reference: P.210911/2
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Wards affected: Hellidon.
Planning Committee– 21st September 2011
Modification To Tree Preservation Order DA/440
Hellidon
Report of Community Manager
1. Purpose of Report
To advise the Committee regarding a modification of an Area Tree Preservation
Order DA/440 located within the rear garden of the property of Hellidon Grange, Little
Back Lane, Hellidon.
2. Advice
That it be
RESOLVED:
That Tree Preservation Order DA/440 is confirmed with
modification from the current Area Order to comprise 20
Individual trees and 5 Groups.
3. Introduction
It came to the attention of the Council that the property of Hellidon Grange, Little
Back Lane, Hellidon was up for sale. Upon checking the designation of the garden
associated with the above property in terms of its statutory protection for the
substantial area of trees it was evident from our records that only part of the garden
was covered by Hellidon Conservation Area and that more than half of the garden
and in particular the trees therein to the south of the Grange itself were currently
afforded no protection.
The trees located outside the Conservation Area would appeared to be of similar
stature and age to those within the Conservation Area section of the garden and form
part of the setting for the Grange itself in terms of their character, size and their visual
impact when viewed from both near and far. The proposal to serve an Area Tree
Preservation Order (TPO) on the trees within the garden that are outside the
Conservation Area was to provide them with protection similar to those within the
adjacent Conservation Area in light of the potential change of ownership. As
previously noted these trees were without any statutory protection and could be felled
without application or warning altering the character and amenity that they currently
provide.
In terms of the visual amenity offered by the trees on the site, taken in its totality they
certainly are visible from a number of houses on Little Back Lane to the immediate
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north east and then further to the north on Church Lane that generally forms the
southern edge of the village of Hellidon. Due to the physical nature of how the garden
associated with Hellidon Grange extends south into the open countryside it is those
along the eastern and southern boundaries that currently have the best views. There
is a public footpath that runs directly along the sites western EV18 boundary that
offers clear views of the trees within the site providing further public amenity, with a
further public footpath EV17 further to the west providing slightly more distant views.
The trees are also visible from further a field from the various local roads, not only
the aforementioned Little Back Lane to the north east and Church Lane to the north
but Priors Marston Road to the west and Charwelton Lane to the east.
The use of the Area TPO designation as proposed for this site allowed discussions to
be undertaken in order to consider the merits of the trees that had initially been
included with an ultimate view to selecting those trees that are in good health and
make a significant contribution to amenity. Following said discussions it was
envisaged that the TPO would be modified and taken to Planning Committee with a
recommendation to confirm. It is evident that there are trees within this area that
when viewed from the surrounding land and adjacent public footpath are not of
sufficient stature or health to warrant individual or group TPO protection hence this
approach that will allow opportunity to accurately identify those worthy for inclusion
which will rationalise the area in terms of providing statutory protection for the trees
within the garden similar to those within the Conservation Area, only just on specific
trees.
Currently the trees are not afforded any statutory protection and they could be felled
without application or warning. In light of their amenity value and the potential change
of use associated with new owners it is recommended that a Tree Preservation Order
be placed on an identified Area of trees in order to safeguard their future.
4. Information
Following the issue of the Area TPO various discussions were held with the Agents
Strutt and Parker involved in the sale of the property as well as the current owner, the
aim being to meet on site to discuss which trees were worthy of inclusion in the TPO.
This would be achieved by modifying the order and identifying which trees would be
included, altering the area into individual trees and groups providing a detailed
breakdown of the trees. Two site visits were undertaken the first to identify the trees
worthy of inclusion, their species, condition and position. The second visit included a
meeting with a representative from Strutt and Parker Mr Philip at which time the trees
to be included within the modified TPO were identified. During this meeting there was
a second check of the position and condition of the trees, Mr Philip asked for a copy
of the plan showing the trees to be forwarded to his office.
It is worth noting that groups G1 and G2 two linear groups of 6 and 7 Hazel
respectively located either side of a sunken path have previously been coppiced (it
appears not recently) but in time there may be a need to undertake various similar
works to retain the existing shaded tunnel at which time discussions could be held to
agree the specific maintenance regime. Within group G4 that includes 5 mature
trees, the most easterly of the group a Blue Atlas Cedar has lost an upper branch
and the most northerly of the group another Blue Atlas Cedar has lost its top. The
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damage in both does not appear recent and does not affect the overall appearance
of the trees as part of the group G4. Finally tree T21 a significant fine specimen of
Oak has a lateral split in one of the upper limbs that overhangs the adjacent field.
The split appears from the scaring around it to be of some age and is noted here so
that it can be monitored in the future.
I am satisfied that the trees now identified are the most significant within the garden
and portray the character generally created within the grounds associated with
Hellidon Grange and provide strong amenity value when viewed from the
surrounding roads, village to the north and the adjacent footpath. The trees omitted
are generally of poor health, or fast growing conifers many of which are impacting
structures within the garden or some of the specimen trees identified for inclusion
with in the TPO. I am satisfied that those trees omitted are not only of lesser quality
with their inherent health and structure issues. I recommend that the 20 individual
trees and 5 groups indicated within the schedule and on the annotated plan be
confirmed.
5. Financial/Personnel/Policy/Legal/Environmental/BestValue/IT Implications
Financial – There are no direct financial implications in confirming or not confirming
the TPO, however it should be noted that in certain circumstances a refusal of
permission to fell could result in the payment of compensation.
Personnel – Modest additional staff time will be required to deal with applications in
respect of the woodland and the issuing of any directions relating to such
applications.
Legal – Town and Country Planning Act 1990 sections 198 – 210
Environmental – Not confirming the Tree Preservation Order acknowledges the
importance of considering all aspects of the tree in question and only preserving
trees that are worthy in terms of all of the following health, form and amenity.
Best Value – None.
6. Conclusions
Confirmation of this Tree Preservation Order will ensure the protection of the visual
amenity of this part of Hellidon. The preservation of native tree species also aids in
the protection of other native flora and fauna creating a positve environment for bio
diversity.
Maria Taylor
Corporate Manager
Background papers:
Report reference: P.210911/2
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DOE Circular 36/78 Trees and Forestry.
Tree Preservation Orders A guide to the law and Good Practice. DOE 1994
An annotated plan that identifies the specific location and species of the trees to be
included in the Tree Preservation Order.
Previous Minutes
Contact Officer M. I. Venton
Extension 2594