AGENDA ITEM 5

BOROUGH OF POOLE

PLANNING COMMITTEE

24th FEBRUARY 2005

REPORT OF HEAD OF PLANNING DESIGN AND CONTROL SERVICES TO OBJECTION TO TREE PRESERVATION ORDER 39/2004

213, 217,221, 225 & 227 HASLER ROAD

1.0Purpose of Report

1.1To advise members that an objection has been received in respect of Tree Preservation Order number 39/2004 213, 217, 221, 225 & 227 Hasler Road. This order covers T1 Silver Birch, T2 Scots Pine, T3 Silver Birch, T4 Silver Birch, T5 Scots Pine, T6 Scots Pine, T7 Oak, and T8 Oak. The objection relates to T1 Silver Birch of the Order growing in the rear garden of 213 Hasler Road.

2.0Recommendation

2.1That members confirm the TPO without modification

3.0Background

3.1Tree Preservation Order 39/2004 was made on 21 September 2004 on a Silver Birch in the rear garden of 213 Hasler Road, a Scots Pine and 2 Silver Birches in the rear garden of 217 Hasler Road, a Scots Pine in the rear garden of 221 Hasler Road, a Scots Pine in the rear garden of 225 Hasler Road and 2 Oaks in the rear garden of 227 Hasler Road.

3.2This Tree Preservation Order was made as part of the Borough of Poole Tree Preservation Order review. Previously all trees within its boundary were protected by a Woodland Preservation Order. The new Order includes only healthy trees that are regarded as having a significant degree of public amenity.

3.3 An objection has been received from Mrs Hall of 213 Hasler Road in respect of the inclusion in the Order of T1 a Silver Birch in the rear garden of 213 Hasler Road. No other objections have been received.

3.4Following the receipt of the objection, a site meeting was held on 7 January 2005 to discuss the points of objection.

3.5T1 is a mature specimen in good health and condition. It is approximately 15 metres in height, has good form and a branch arrangement that is typical of the species. The tree is growing in the rear garden, adjacent to a patio and 3.0 metres from the rear extension. The tree is visible from Hasler Road and forms an important amenity feature.

3.6 T1 has been the subject of 3 unsuccessful applications to fell, most recently

in August 2004. These applications were submitted citing the reasons for

felling as:

  • restricting light to the property
  • debris from the tree blocking/damaging the drainage system.
  • the redesign of the garden.

And refused for the following reason:

  • the benefits provided by this tree in terms of its present and future amenity outweigh any present inconvenience caused.

3.7The Tree Preservation Order was based on the following grounds:

This Tree Preservation Order has been made as part of the Borough of Poole Tree Preservation Order Review of existing Woodland Orders. The trees included in the Order make a valuable contribution to the amenity of the area. They appear to be healthy and in good condition and are a visible feature from Hasler Road.

The TPO is appropriate in the general interests of public amenity and in accordance with the Town and Country Planning Act (1990), Town and Country (Trees) Regulations 1999 and the Office of the Deputy Prime Minister’s guidance to fulfil a statutory duty.

4.0Comments on Objections

4.1The roots of the tree have caused movement of the patio paving slabs :

4.2There appears to be only minor movement of the patio paving slabs. This may be caused by roots of T1 lifting the slabs or by inadequate foundation being laid and settlement of the slabs occurring.

4.3Repair of the patio would require the lifting of the affected slabs and this would reveal if the tree roots are causal. If tree roots are causing movement of the slabs, the degree of unevenness would indicate that this could be resolved by root pruning.

5.0Owing to the proximity of the tree, a great deal of natural light is blocked

out of the rooms to the back of the house.

5.1 The T1 is growing 3.0 metres from the rear extension. The tree has small

deciduous leaves, a small crown spread and an open canopy that is characteristic of Silver Birch. Inevitably the tree will reduce light levels to the property but these are considered to be at an acceptable level.

6.0 The tree is problematic regarding the redesign of the garden

6.1 There is good clearance between the ground and the lower branches of T1

and the tree has the relatively small trunk diameter that is characteristic

of mature specimens of Silver Birch. The tree does not prevent the redesign

of the garden. The new design could take into consideration the position of

the tree, while successfully providing a safe playing space, avoiding the

need to remove the tree.

7.0 Debris from the tree is blocking and damaging the drainage system

7.1 Debris from T1 will include leaves, seeds and twigs. This debris, and that from other trees in the vicinity, may block gutters if not removed. The debris produced by T1 will be seasonal and produced in manageable quantities; clearing of the gutters, as part of good property maintenance and the use of leaf guards would be sufficient in this instance to prevent blockages and damage to the drainage system.

5.0Human Rights Act

In coming to this recommendation consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention of Human Rights.

6.0Conclusion

This is an healthy mature tree that is in good condition. It is an attractive tree considered to be an appropriate species for its setting. Its overall amenity to the wider community justifies protection.

Peter Watson

Head of Planning and Design Control Services

Background Papers Relevant TPO plan

Name and telephone number of Officer Contact Steve Chamberlain 01202 633342

1