Agenda Item 5(b)
BOROUGH OF POOLE
PLANNING COMMITTEE
16th JUNE 2005
REPORT OF HEAD OF PLANNING DESIGN & CONTROL SERVICES TO OBJECTION TO TREE PRESERVATION ORDER 10/2005
17 (WIMBORNE HOUSE) AND 17A (ASHLEY COOPER HOUSE) FERNSIDE ROAD
1.Purpose of Report
1.1To advise members that objections have been received in respect of Tree Preservation Order 10/2005 - 17 ( Wimborne House ) and 17a ( Ashley Cooper House ) Fernside Road. This Order relates to T1 Lawson Cypress, T2 Leyland Cypress ,T3 Holm Oak, Group 1 consisting of 3 Smooth Arizona Cypress and Group 2 consisting of 2 Silver Birch, 1 Leyland Cypress and 1 Oak, and requires confirmation by Committee.
2.Recommendation
2.1That members confirm the TPO without modification.
3.Background
3.1This Tree Preservation Order was made on 11th February 2005 and protects the above trees.
3.2The Order was made following a telephone call from a member of the public concerned at the topping of trees in the grounds of Wimborne House. A Tree Preservation Order was made to protect trees with a significant public amenity, which were too young to be covered by an existing Area Tree Preservation Order made in 1964.
3.3 T3 Holm Oak was the only tree on the site of sufficient age to be covered by the Area Order. In accordance with good practice, this tree has been included in the new Order. The 1964 Order will be revoked and all the protected trees on the site will be covered by one Order which clearly identifies protected individual trees and groups of trees.
3.4 Subsequent to the making of the Order objections have been received in relation to the inclusion of T3 Holm Oak from:-
Mr and Mrs Forrester 19a Fernside Road
Mr M Scarboro, Wimborne House Scheme Manager, Flat 24 Wimborne House 17 Fernside Road and THIRTEEN residents of Wimborne House.
One objection has been received in relation to the inclusion of Group 1, 3 x
Arizona Cypress from:-
Mrs Harbud Flat 15 Wimborne House 17 Fernside Road
3.5Site meetings were held on 24th May with Mr and Mrs Forrester and on 26th May with Mr Scarboro, Wimborne House Scheme Manager and tenants of Wimborne House, to discuss the points of objection. The objections were not resolved at these meetings.
3.6T3 Holm Oak is a well – formed mature specimen approximately 13 metres in height with an attractive domed crown. There is some thinning evident in part of the crown and small cavities on the lower stem at the point of old pruning wounds. However overall the tree is in good health and condition. The tree is clearly visible from Fernside Road with restricted views from Alverton Avenue and Churchfield Road. It offers a good public amenity in a locality with few mature trees. The tree is growing in the grounds of Wimborn House approximately 9 metres from the north – west side of the property. Wimborne House is warden assisted accommodation for the elderly managed by Shaftesbury Housing.
3.7 Group 1 consists of 3 Arizona Cypress approximately 10 metres in height.
They have good form and a branch arrangement that is typical of the species. The trees can be clearly viewed from Fernside Road and are also visible from Alverton Avenue. The trees are maturing and will become more prominent specimens in the landscape over time. The trees are growing in the grounds of Wimborne House to the rear of the property.
3.8The Tree Preservation Order is based on the following grounds:
These trees 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 Fernside Road, Churchfield Road and Alverton Avenue. They are being protected due to the threat of inappropriate tree work that would adversely affect their health and amenity.
4.Comments on letters of objection concerning T3 Holm Oak from the Scheme Manager and tenants of Wimborne House
4.1Fallen leaves create a slip hazard.
Leaves from this species of tree will fall throughout the year, with the main fall in spring and autumn. The canopy of T3 is extends mostly over a little used grassed area. The canopy partially extends over the entrance road to Wimborne House but not over the building side of the road, which is the main route to the side entrance. While it is appreciated that leaves can cause a slip hazard removal of the leaves on a regular basis would minimize this risk to an acceptable level.
4.2The tree reduces light to the flats opposite
T3 is growing approximately 9 metres to the west from the flats. It is an evergreen tree with a fairly dense canopy and inevitably there will be some reduction in ambient light. The light level in the flats was considered acceptable on the day of the arboricultural officer’s site visit, when electric lighting was not in use. There is scope for crown lifting the tree to 3.5 metres from the ground and a small branch reduction to provide further clearance of foliage from the building which will improve light levels.
4.3Residents in flats opposite the tree are required to keep lights on wasting energy and incurring expense.
The LPA recognise that light restrictions from trees can be an inconvenience and may require additional use of electric lighting. However, it is considered that the benefits that this tree provides in terms of public amenity outweighs this disbenefit. Trees in proximity to buildings reduce wind speeds resulting in reduced heat loss from buildings. Whilst shading can result in additional use of electric lights, this is likely to be less than savings from reduced heat loss.
4.4 The Stairwell to the flats is made darker.
The entrance and stairwell to the flats is set back from the side of the building. It is opposite the tree but is dark due to its design rather than the impact of the tree. From a Health and Safety perspective this area requires lighting when in use regardless of any reduction in light caused by the tree.
4.5 Bulbs and grass will not grow beneath the tree.
Trees often create a less than ideal environment for good lawns. The grass beneath T3 is thin and patchy. This could be remedied by using a shade tolerant grass variety, top dressing with compost, and watering during dry spells. Bulbs would also benefit from this regime, or alternately could be grown in pots beneath the tree.
4.6. Leaves drop onto the garage roof causing algal growth.
Two garages are partially beneath the canopy of T1. Inevitably leaves will fall onto the roof. Removal of the leaves as part of routine maintenance would prevent any accumulation of leaves and associated algal growth.
4.7Leaves from the tree block drains
This could be prevented by the regular removal of leaves and the placing of leaf guards over drains to prevent leaves entering them.
5.0Comments on letters of objection concerning T3 Holm Oak from Mr and Mrs Forrester 19a Fernside Road.
5.1 The over- hanging branches are taking over the rear garden.
The rear garden of Fernside Road is 10 metres in length. The tree overhangs the boundary by approximately 2.5 metres. These branches have a good clearance of the ground of approximately 3 metres. The overhanging branches do not unreasonably restrict use of the garden .
5.2The tree prevents sunlight entering the garden
T3 is growing to the south-west of the rear garden. It will shade some of the garden during the afternoon but will not prevent sunlight from entering it. During the site visit parts of the garden were in full sun
6.0Comments on objections concerning G1, 3 x Smooth Arizona Cypress from Mrs Harbud Flat 15 Wimborne House 17 Fernside Road.
6.1 The trees are ugly and not an ornamental species
Smooth Arizona Cypress is an ornamental and commonly planted in parks and gardens because of its characteristics; it has attractive blue – grey foliage, a conical form and reddish – purple bark which peels to reveal contrasting paler bark beneath. Together the 3 Cypress form a well balanced group.
7.0Human Rights Act
7.1 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 on Human Rights.
8.0 Conclusion
8.1 T1 Holm Oak and G1, 3 X Smooth Arizona Cypress are attractive and important trees in the landscape. The trees soften the outline of the 3 story building which they surround, and are considered to be important amenity features. While the trees cause a degree of inconvenience this can be overcome without the need to remove protection from these high quality amenity trees.
PETER WATSON
HEAD OF PLANNING DESIGN AND CONTROL SERVICES
Background Papers Relevant TPO plan.
Name and Telephone Number of Officer ContactSteve Chamberlain 01202 6333342
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