Download Land at Gressingham Close, Forest Town

Report of Director of Place and Wellbeing
To
PLANNING COMMITTEE
27th JUNE 2016
TREE PRESERVATION ORDER
LAND AT GRESSINGHAM CLOSE, FOREST TOWN, MANSFIELD,
NOTTINGHAMSHIRE (2014)
1.
Summary
On 7th March 2016 a Provisional Tree Preservation Order (TPO) was served on
Land at Gressingham Close, Forest Town, Mansfield.
2.
Recommendation
To confirm the Tree Preservation Order as per attached map and schedule.
3.
Background
A Provisional TPO was served on land Off Gressingham Close, Forest Town,
Mansfield, following the receipt of a request that a large oak tree, forming part of a
group, be either felled or be subject to substantial tree works
The tree forms part of a group of trees, comprising 2, Quercus spp (English Oak) 6,
Acer spp. (Sycamore) 2, Ilex spp. (Holly) located within a residential development
which is nearing completion. The trees are mature species, and were retained on
site as part of the overall development. The occupier of the house located opposite,
and facing the trees has requested that a large oak tree, forming part of the group,
be either felled or be subject to substantial tree works. The works proposed to the
Oak tree were considered harmful to the future life expectancy and visual amenity of
the tree.
Whilst serving a provisional TPO for the tree directly subject to the notification, it was
considered prudent and logical to serve the provisional TPO upon the entire group of
trees. Whilst some of the trees are individually good specimens, it is the collective
value of the trees which specifically contributes to the special character of the area.
4.
Objection/support
Two emails have been received from the occupier of No 35 Gressingham Close who
had originally requested the works to the oak tree outside of her property, objection
to the TPO. Their grounds for opposing the TPO are that:•
Maintenance.
The trees are deciduous, and not only shed their leaves each year, but some of them
i.e. the Oak directly outside of their house, also drop acorns and twigs and flowers
causing debris and litter on the private driveway in front of their property and on the
garden, a problem that lasts for approximately 5 months each year. The debris
requires constant attention to keep clear, time which the objector do not have. In
addition, all debris on the private drive becomes a ‘sludge’ in wet weather with
vehicles passing over it, becoming slippery and blocking drainage on the driveway.
•
Health and Safety issues.
A large branch on the main oak tree outside of the objectors property projects
towards their property and is considered to be a danger, and could fall causing
damage to property or injury to people.
The debris/leaves etc. that fall from the trees also creates a slip hazard on the
footpaths and highway to the detriment of the safety of residents, their children
visitors and general public.
•
Impact upon residential amenity.
Consider their property at 35 Gressingham Court is the property most affected by the
trees. Leaves blow all over property and garden, detracting from the visual
appearance of the property and creating a substantial burden on maintaining and the
cleaning the property and land in a reasonable condition. Would suggest that the
trees are removed and replanted with evergreen trees that would not cause a
problem
The trees are the only remaining trees on site that formed part of the former farm on
site that existed prior to the residential development. It is considered that they create
some maturity within the overall residential development, and have formed part of
the overall residential scheme, forming part of the Public Open Space serving the
development. The trees were inspected by the Councils Tree Officer who concluded
that the group of trees made a valuable contribution to the character and visual
amenity of the area and were worthy of protection by a TPO. It is acknowledged that
deciduous trees generate some leaf litter, however it is not considered that this is
justification in itself for the removal of the trees, as they can be blown considerable
distance in the wind, and can be readily cleared up, albeit possibly on a regular
basis.
A Tree Preservation Order does not prevent works to trees, but gives greater
protection to trees which are considered to be of amenity value, and which contribute
the character and visual amenity of both the immediate and wider area. It is
acknowledged that trees will need to be managed, and that some work would be
required at times to maintain the health, viability and attractiveness of trees within
the group. Trees which are either dead, dying or dangerous may be removed with
appropriate notification, and the land owners would be able to apply for works to
trees within the woodland as and where appropriate in the interests of the health and
safety of the trees. Accordingly whilst there is no immediate evidence of the trees
displaying any undue symptoms, appropriate works may be undertaken to them in
the future as considered necessary and appropriate.
The nearest tree to the
objector’s property comprises a mature oak, with the tip of the nearest branch being
a minimum of 4m from the nearest part of the dwelling. It is not considered that the
proposal will result in any potential damage to the dwelling.
5.
Options Available.
1. Confirm the TPO as per attached map and schedule
2. Confirm the TPO with modifications.
3. Do not confirm the TPO and let it lapse after the 6 month period expires.
6. Budget Resources Implications
There are no budgetary or resource implications associated with confirming the TPO.
7.
Alignment to Council Priorities
The protection of these trees would align with the Council’s priority to develop a high
quality, clean, green and pleasant environment.
8.
Implications relating to relevant legislation
This course of action is in accordance with the Town and Country Planning (Trees)
Regulations 1999.
9.
Background Papers
Tree Preservation Orders – A Guide to the Law and Good Practice (2000) DETR
Report author - S. Dutfield
Designation
- Senior Development Control Officer
Telephone
- 463206
E-mail
- [email protected]