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Waverley Borough Council Committee System - Committee Document

Meeting of the Western Area Development Control Sub Committee held on 22/09/2004
OBJECTION TO TREE PRESERVATION ORDER (NO 8/2004) – TREES
ON LAND TO REAR OF TITWOOD AND STOREYS, OLD COMPTON LANE, FARNHAM



Summary & Purpose
To consider the objection to making of a Tree Preservation Order (TPO) and to determine whether the Order should be confirmed, with or without modification. The report has no direct resource implications. There are environmental benefits in retaining the trees which merit special protection.

Quality of Life Implications
Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe Communities
Local Economy
Natural
Resource Use
Pollution
Prevention and Control
Biodiversity
and Nature
Local
Environment
Social
Inclusion
Safe, Healthy
and Active
Communities
Local
Economy
Positive
Positive
Positive
Positive
N/A
Negative
Negative



3
APPENDIX A
WAVERLEY BOROUGH COUNCIL

WESTERN AREA DEVELOPMENT CONTROL SUB-COMMITTEE
22ND SEPTEMBER 2004
_________________________________________________________________________
Title:
OBJECTION TO TREE PRESERVATION ORDER (NO 8/2004) – TREES
ON LAND TO REAR OF TITWOOD AND STOREYS, OLD COMPTON LANE, FARNHAM

[Wards Affected: Farnham Moor Park]
_________________________________________________________________________
Summary and purpose:

To consider the objection to making of a Tree Preservation Order (TPO) and to determine whether the Order should be confirmed, with or without modification. The report has no direct resource implications. There are environmental benefits in retaining the trees which merit special protection.
_________________________________________________________________________
Quality of life implications – social, environmental & economic (sustainable development):

Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe, Healthy and Active Communities
Local Economy
Positive
Positive
Positive
Positive
N/A
Negative
Negative

E-Government implications:

The report has no direct E-Government implications.

Resource and legal implications:

Legal implications are covered by sections 10 – 14 Human Rights implications.

_________________________________________________________________________

Background

1. A planning application WA04/0894 was deposited on 21st April 2004 to erect two new dwellings on land to the rear of Titwood & Storeys, Old Compton Lane, Farnham.

2. The above planning application was refused on the 11th June 2004. Amongst other reasons for refusal given was that the proposal would result in the loss of trees, which would be detrimental to the visual amenity and character of the area.

The site lies within an Area of Great Landscape Value.

Introduction

3. TPO 8/2004 was served on 9th June 2004 (See plan at Annexe 1). The Order has been made in recognition of the trees' contribution to the appearance of the area and collective visual amenity within the local and wider landscape. The purpose of the emergency ‘Order’ is to deter indiscriminate removal of trees following refusal of the planning application.

4. The new order protects only trees of the following species, Oak, Beech and Scots Pine. Whilst other tree species grow within the site they are not considered to make a significant contribution to the appearance of the wider landscape.

5. Two objections have been received against this Order, see Annexe 2). The first from Mr Puttick, who is the owner of the land and the second from Mrs M E Wooldridge acting on behalf of her mother who occupies a neighbouring property known as Ramsbury. The objectors state that they object to the blanket approach, there are a number of dead and diseased trees or trees that require pruning and that the Order seems to value trees at a higher priority to human life and/or property.

Officers’ response

6. The classification of the ‘Area’ Order, whilst indiscriminate in that it is all-inclusive regardless of health of the selected species (Oak, Beech and Scots Pine) is a temporary measure to provide emergency protection. It is the intention of the Council to review the ‘Area’ classification to be tree or group specific when resources allow. The Officers are of the opinion that the Order accords with the advice of the Secretary of State as contained within the DETR publication 'Tree Preservation Orders, A Guide to the Law and Good Practice'.

7. The TPO does not include any bushes or shrubs, or any species not described within the first schedule. In response to a specific objection raised by Mr Puttick, the landowner, the Tree Officer offered to meet on site to discuss any works if any doubt existed whether works fall under the exemption or are not subject to the TPO.

8. Responsibility and management for ensuring the health and safety of the trees subject to a TPO remains with the owner of the land. The removal of dead/dying or dangerous trees may be carried out at anytime under exemption to the TPO as can the removal of deadwood or defective branches from the crown. However, in the case of works carried out under this exemption five days notice is requested by the Local Planning Authority prior to commencement of works.

9. The objective of a TPO is to encourage good arboricultural management and ensure works are carried out in accordance with best practice. Applications for consent for remedial works that accord with good arboricultural management would not be unreasonably withheld by the Local Planning Authority.

Human Rights Implications

10. In deciding to confirm the Order, the Council must have regard to the protection of human rights of the objector and others affected by the decision.

The rights of the European Convention affected by the decision arise from:

Article 1 of the First Protocol - right to peaceful enjoyment of possessions.

Article 8 - protection of the right to respect one’s home.

11. The decision recommended by Officers to confirm the Order will interfere with the rights of the objector protected by those articles. However, such interference is in accordance with the law and justified in the public interest to protect trees, which have an impact on the amenity of the area.

12. The objectives of the Town and Country Planning Act 1990 are met by including measures that allow for the protection of trees. The preservation of trees is necessary to preserve the visual amenity of the area. The Order is necessary in furthering the legitimate aims of the Development Plan. To confirm the Order does not place a disproportionate burden on the owner, who retains the right to make applications for works to trees. In these circumstances the confirmation of the Order is not considered to be an unjustified or disproportionate interference with the convention rights, and is the only action by which the Council may secure protection of the trees referred to.

Conclusion

It is your officers’ view that the objections raised against the imposition of Tree Preservation Order 8/2004 are not substantiated or do not override the public amenity value presented by these trees.

Recommendation

It is recommended that the Tree Preservation Order 8/2004 applying to land to the rear of Titwood & Storeys, Old Compton Lane, Farnham be confirmed without modification.



Background Papers (DoPD) (attached at Annexe 2)

Letter of objection from Mrs ME Wooldridge – 1st July 2004
Letter of response from Waverley Borough Council's Tree Officer – 14th July 2004
Letter maintaining objection from Mrs ME Wooldridge – 29th July 2004
Letter of objection from Mr Puttick – 12th July 2004
Letter of response from Waverley Borough Council's Tree Officer – 14th July 2004

Contact Officer

Name: Alan Richardson Telephone: 01483 523309
E-mail: arichardson@waverley.gov.uk



comms/western/04-05/015



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