AGENDA ITEM 5
BOROUGH OF POOLE
PLANNING COMMITTEE
20th March 2008
OBJECTION TO TREE PRESERVATION ORDER 40/2007 - 82 MERLEY WAYS
REPORT OF THE HEAD OF PLANNING DESIGN AND CONTROL SERVICES
1.0Purpose of Report
1.1To advise members that an unresolved objection has been received in respect of Tree Preservation Order 40/2007, 82 Merley Ways.
2.0Recommendation
2.1That the Tree Preservation Order be confirmed without modification
3.0Background
3.1Tree Preservation Order 40/2007 was made on 11th October 2007 at the request of members of the Public who were concerned that the tree was under threat from felling.
3.2The Tree Preservation Order was based on the following grounds:
This tree makes a valuable contribution to the amenity of the area. It appears to be healthy and in good condition and is a visible feature from Merley Ways and Gravel Hill
The Tree Preservation Order 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.
3.3The Beech (T1) is a maturing tree approximately 14 metres in height growing in the front garden of 82 Merley Ways. The tree is located approximately 3.5 metres from the building and adjacent to a boundary fence. There is minor deadwood in the crown and a small number of rubbing secondary branches but otherwise the tree appears healthy and in good condition. It would be good practice to remove the dead and rubbing branches by crown cleaning the tree and an application to do such work would be granted consent.
3.4The tree is visible from Merley Ways and Oakley Hill and provides
a significant degree of Public Amenity that justifies its protection.
4.0Comments on the points of Objection from Mr C and the Rev. Mrs T Lockwood of 82 Merley Ways
4.1Shading caused by overhanging branches prevents plants from thriving in the neighbouring garden.
Shading by T1 would prevent some plant species from growing successfully. However there are many garden plants that would grow well under such conditions. Currently there are shrubs growing beneath the overhanging branches, and these appear to be thriving. There is scope for crown lifting the lower branches to provide more light, and should such work be applied for it is likely to be granted. The owners of the neighbouring property have not objected to the Order.
4.2Branches brush the roof and could cause damage.
Branches from T1 are growing approximately 1 metre away from the roof. The Council routinely grants consent for crown lifting branches to provide a 2 metre clearance of rooftops, which is considered a sufficient distance to prevent damage occurring. Consent would be granted for such a clearance if applied for.
4.3The tree has not received care for many years and management is
overdue.
The Tree Preservation Order would not prevent good arboricultural management of the tree.
4.4It is not expedient to make the tree preservation Order, as the tree will be under good management
The Tree Preservation Order was made at the request of members of the
public who believed that the tree was under threat of felling. Felling of the tree or inappropriate pruning would have a detrimental impact on the amenity of the area. As the Council cannot know with certainty the intentions of the current or future owners it considers it expedient to make the Preservation Order as a precautionary measure.
4.5 The tree cannot be seen from Gravel Hill
An error was made in the Regulation 3 letter stating that the tree could be seen from Gravel Hill. This should have read Oakley Hill. The tree can be seen clearly from Merley Ways and Oakley Hill and its visibility contributes to the high amenity value of the tree.
5.0 Conclusion
T1 Beech is a healthy tree in good condition. The tree offers a significant
degree of amenity to the surrounding area. Protection will not prevent
good arboricultural management, and consent would be given for an
application requesting reasonable crown lifting and crown cleaning. It is
considered expedient to make this Tree Preservation Order as a
precautionary measure to prevent felling or inappropriate pruning.
PETER WATSON
HEAD OF PLANNING AND DESIGN CONTROL SERVICES
Background Papers TPO plan 40/2007
Name and telephone number of Officer Contact Steve Chamberlain 01202 633342
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