AGENDA ITEM 5
BOROUGH OF POOLE
PLANNING COMMITTEE
25THAUGUST 2011
OBJECTION TO TREE PRESERVATION ORDER10/00007
2 (DARBY’S CORNER HOTEL) WATERLOO ROAD
- PURPOSE
1.1To advise Members that 1 objection has been received in respect of Tree Preservation Order 10/00007, 2 (Darby’s Corner Hotel) Waterloo Road. TheOrder protects 1 English Oak. The objection remains unresolved.
2.DECISION REQUIRED
2.1That Members confirm the Order.
3.BACKGROUND/INFORMATION
3.1The Tree Section were contacted by a member of the public asking if a large mature Oak tree at the Darby’s corner Hotel could be protected as it was rumoured that the tree was to be felled. Following the call the tree was assessed and found to be a healthy specimen offering a high degree of Public Amenity. It was considered expedient to serve a Tree Preservation Order to protect the tree.
3.2 Tree Preservation Order 10/00007 was made effective on 23rd March 2011.
3.3 The Tree Preservation Order was made on the following grounds:
These This tree makes a valuable contribution to the amenity of the area. It appears to be healthy and in good condition and isa visible feature from Darby’s Corner and Waterloo Road.
This TPO is appropriate in the interests of general amenity and in accordance with Part VIII of the Town and Country Planning Act 1990, Town and Country (Trees) Regulations 1999 (as amended 2008) and the Department of Communities and Local Government's guidance to fulfil a statutory duty.
3.4 TPO 10/00007 protects T1,a 20 metretall mature English Oak. The tree is healthy and is considered to be in a good overall condition. It is visible from the surrounding roads including Waterloo Road, Darby’s Corner roundabout and Lower Blandford Road. It is considered to offer a high degree of public amenity.
4.0 FINANCIAL IMPLICATIONS
4.1 The confirmation of this TPO could result in applications for tree work to the protected Oak which necessitates thecontinued employment of professional staff to assess and determine such applications.
5.LEGAL IMPLICATIONS
5.1If the TPO is confirmed applications for tree works, if refusedcan result in an appeal to the Planning Inspectorate. Further if the request for works is because the tree is causing damage to property and those works are refused and subsequently the appeal to the Planning Inspectorate is dismissed the Applicant can make an application to the Lands Tribunal under Section 203 of the Town and Country Planning Act 1990 for damages caused to the property. The claim is unlikely to be met by the Council’s insurers so the Council will be liable to pay any damages awarded by the Lands Tribunal.
6.RISK MANAGEMENT IMPLICATIONS
6.1The risk of legal proceedings as outlined in 5.1 above
7.EQUALITIES IMPLICATIONS
7.1The preservation of trees does not result in any equality impact issues.
8.0 Comments on the points of objection from Mr and Mrs Popeof 1Lower Blandford Road
By
8.1 The protected tree deposits debris that blocks gutters.
Inevitably leaf debris will fall from the tree some of which will be deposited on the objectorsproperty. The production of this debris will be mostly seasonal and it is not considered that it would be excessively onerous to remove. The owners property is a bungalow which will make the clearing of gutters relatively straight forward. The use of gutter guards would reduce the quantity of leaves deposited in the house gutters.
4.2 8.2 The roots of the treecould affect the property structurally and may cause issues obtaining
building insurance.
Roots of trees can damage foundations directly by incremental root growth or indirectly by
extracting moisture from the soil causing shrinkage and building subsidence. In this instance
it is considered unlikely that either would occur. The tree is at least 10 metres from the
building and the roots at this distance from the tree would be of a small diameter and of
insufficient size to cause damage to the foundations. The tree is not known to be on the
type of clay soils that shrink sufficiently to cause subsidence. Such soils are present within
the Borough but localised. Should compelling evidence of structural damage due to the tree
be presented in an application to fell or prune, it is likely that consent would be granted.
for such works.The tree appears to be healthy and in good condition so there should be
no major issues regarding house insurance. Some insurance companies may require
confirmation that the tree is in a healthy and stable condition.
9.0CONCLUSIONS
T1 Oak is a healthy large mature tree that is considered to be in a good overall condition. It is
considered that leaf debris can be prevented from entering the gutters and will not be
produced in such quantities that it is excessively onerous to remove. It is considered that it is unlikely and not foreseeable that there will be future damage to the building structure due to the roots of the tree. T1 should not prevent the insurance of the property. The tree is considered to be of high amenity and it is recommended that the Tree Preservation Order is confirmed.
Report Author: Steve Chamberlain, Arboricultural Officer
Contact officer:Steve Chamberlain (01202 633342)
Background Papers : TPO Plan 11/00007