TPO_EL11-46 - NAPS - 020412.pdf - Elmbridge Borough Council
TPO_EL11-46 - NAPS - 020412.pdf - Elmbridge Borough Council
TPO_EL11-46 - NAPS - 020412.pdf - Elmbridge Borough Council
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Agenda item:<br />
Committee:<br />
North Area Planning Sub-Committee<br />
Date of meeting: 2 April 2012<br />
Subject:<br />
Lead Officer:<br />
Portfolio Holder:<br />
Link to <strong>Council</strong> Priorities:<br />
Exempt information:<br />
Delegated status:<br />
Tree Preservation Order EL:11/<strong>46</strong><br />
Head of Planning Services<br />
Cllr Simon Dodsworth<br />
P3<br />
None<br />
Delegated authority to accept recommendation<br />
EXECUTIVE SUMMARY:<br />
To give consideration to the objection to Tree Preservation Order EL:11/<strong>46</strong> made in respect of trees<br />
on land at Jewson Limited, 2 Terrace Road, Walton on Thames, Surrey, KT12 2ST (‘the Land’).<br />
RECOMMENDATION:<br />
THAT THE ORDER BE CONFIRMED WITHOUT MODIFICATION.<br />
REPORT:<br />
1. Tree Preservation Order EL 11/<strong>46</strong> was made on 28 October 2011 in respect of trees shown<br />
on the attached plan of the Land (Appendix 3). The <strong>TPO</strong> was made following enquiries as to<br />
<strong>TPO</strong> status, which appeared to involve removal of major limbs. The <strong>Council</strong> considered this<br />
might present a threat to the future health and amenity of the trees. The new Order identifies<br />
a group of two trees and one individual tree for protection because these trees are highly<br />
visible to users of Terrace Road, Walton Cemetery and in the wider landscape.<br />
2. A letter of objection to the Order has been received from Mr Roy Collinson, Property<br />
Manager of St Gobain SGBD South, Building Distribution Ltd, a copy of which appears in<br />
Appendix 2. This letter concerns 3x oak trees, identified as G1 2x oak and T1 oak on the<br />
attached plan (Appendix 3).<br />
3. Photographs showing the three oak trees appear in Appendix 4.<br />
4. If Members are minded to accept the recommendation they may determine the objection at<br />
this meeting<br />
Financial implications: None<br />
Environmental / Sustainability implications: Visual amenity<br />
Legal implications: It is important that Members give impartial consideration to objections to Tree<br />
Preservation Orders and reach a decision that takes full account of the private rights of the landowner<br />
and the public duty to protect visual amenity.<br />
Equality implications: None<br />
Risk implications: None<br />
Community Safety implications: None<br />
Principal Consultees: None<br />
Background papers: Held in Town Planning Division<br />
Enclosures/Appendices:<br />
1. Report prepared by the <strong>Council</strong>’s Tree Officer.<br />
2. Objection letter 15 November 2011 and <strong>Council</strong> reply 14 December 2011 and email reply of<br />
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24 February 2012 maintaining the objection.<br />
3. Copy Site Plan.<br />
4. Photographs of the two oak in Group G1 and T1 oak.<br />
Contact name/telephone number: Matthew Bennett 01372 474825<br />
Email Address: mbennett@elmbridge.gov.uk<br />
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APPENDIX 1<br />
Report Prepared by the <strong>Council</strong>’s Tree Officer<br />
Background<br />
The tree s a re 3 significant Oa k situated a djacent to the western bo undary of the yard of Je wson<br />
Limited, 2 Terrace Road, Walton on Thames, Surrey, KT12 2ST.<br />
It is appreciated that although these trees are within the bounds of a busy builders’ merchant yard, all<br />
three o ak tre es a re matu re and p rominent in the la ndscape an d as such the y provide a significa nt<br />
amenity to members of the public, visitors to the site and the wider environment. The <strong>TPO</strong> was made<br />
because it was considered that the tre es were under threat fro m some form of pruni ng, which might<br />
have prejudiced their health and the amenity provided. It is pertin ent to point o ut that all these tre es<br />
existed at this location prior to the <strong>TPO</strong> and all the objector’s points applied before it was made.<br />
Objection<br />
1. ALL TREES IMPEDING ACCESS – THE OB JECTOR STATE S THAT THE TREES ARE<br />
GROWING INTO THE YARD BY SEVERAL ME TRES AND WILL INCREASINGLY IMPE DE<br />
THE ABILITY OF VE HICLES TO MA NOEUVRE SAFELY, CAUS ING A SAFE TY RISK FOR<br />
STAFF, CUSTOMERS AND BUILDINGS<br />
<strong>Council</strong> comments<br />
A <strong>TPO</strong> removes some of the owner’s common law rights regarding works to trees, however by<br />
a system of appli cation some wo rks such as crown lifting to i ncrease the clearance from<br />
ground level might be considered app ropriate and i n the b est in terests of tre e health and<br />
consequently tree safety. Furthe rmore pre-appl ication advice is readily avai lable from a<br />
member of the Tree Section.<br />
2. Largest oak in Group G1 – Th e objector mentions that there is a snack bar situated under<br />
the crown of this tree a nd that customers or staff might be at risk from falling b ranches. The<br />
objector also requested assurance that the tree poses no threat.<br />
<strong>Council</strong> comments<br />
Whilst the Coun cil cannot give an assuran ce of safety certain works such as the removal of<br />
dead wood can be carried out as an exemption to normal controls. However any tree owner is<br />
advised to seek qualified advice regarding trees and this is best sought from a n arboricultural<br />
consultant wi th recogni zed crede ntials. A list of locally ba sed consultants was sent to the<br />
objector and is available on the tree pages of the <strong>Council</strong> website.<br />
3. Leaves/residue dama ging mate rials – The obj ector p oints out that buil ding pro ducts are<br />
stored/displayed within th e yard. The falling leave s and residue could damage the quality of<br />
the materials and that thi s is a p resent and increasing phenomenon. The o bjector wishes to<br />
cut back the trees significantly.<br />
<strong>Council</strong> comments<br />
All these tre es p re-existed the <strong>TPO</strong> a nd as stated above advice may be so ught from th e<br />
<strong>Council</strong> regarding the possibilit y of appropriate works, which would not be damaging to t ree<br />
health. Some ill-advi sed, severe tree works could precipitate i ncipient we aknesses by th e<br />
production of insecure gro wths an d de cay fo stering future damage to b uilding sto ck stored<br />
nearby. These tree s offer a high de gree of amenity and it is con sidered that there a re other<br />
ways of lessening their impact such as re-organising the yard.<br />
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GENERAL POINTS:<br />
<strong>Council</strong> assessment of amenity<br />
In orde r to assess the a menity value of t hese tre es the indu stry recogni sed TEMPO Tree<br />
Evaluation Method for <strong>TPO</strong>s has been used. Applying this method, the trees (G1 2x oak an d<br />
T1 oak) score 17 points. According to this system g aining scores of 15 and o ver shows that<br />
trees definitely merit a <strong>TPO</strong>.<br />
THE COUNCIL’S <strong>TPO</strong> CRITERIA:<br />
This recommendation has been reached in the light of the Cou ncil's current p olicies and th e<br />
various criteria, which have to be applied when considering whether to include existing trees in<br />
a <strong>TPO</strong>.<br />
These are:-<br />
(a) The tree must be of public amenity and not only of private benefit.<br />
(b) The tree must not have been mutilated in the past to an extent that removes its<br />
arboricultural amenity value.<br />
(c) That it is healthy and safe or can reasonably be made so.<br />
(d) That it is capable of a reasonably long life ahead.<br />
(e) It is not so close to buildings that it would be unreasonable to refuse its felling if<br />
requested.<br />
(f) Whether it is expedient to make a <strong>TPO</strong>. This usually means whether the tree is under<br />
some form of threat, e.g. by proposed development.<br />
Conclusion<br />
Special regard will also be paid to rare or unusual trees of historic interest.<br />
Confirm Tree Preservation Order EL: 11/<strong>46</strong> without modification.<br />
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APPENDIX 2
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From: Mat<br />
To: Collinson<br />
Date:<br />
Subject:<br />
thew Bennett<br />
, Roy<br />
Friday, February 24, 2012 5:43 pm<br />
Re: <strong>TPO</strong> EL:11/<strong>46</strong>, Land at Jewson Ltd, 2 Terrace Rd, Walton, KT12 2ST<br />
Dear Mr. Collinson,<br />
Thank you for responding promptly.<br />
Your objection will be presented to the next available Planning Sub Committee who will decide<br />
whether or not to confirm the <strong>TPO</strong>.<br />
yours sincerely,<br />
Matthew Bennett<br />
>>> "Collinson, Roy" Friday, February 24, 2012 5:07 pm >>><br />
Matthew<br />
I refer to your e mail below and to our telephone conversation this afternoon.<br />
As confirmed I wish to maintain our objection to the <strong>TPO</strong>.<br />
Regards.<br />
Roy Collinson BSc MRICS<br />
Property Manager - SGBD South<br />
Saint-Gobain Building Distribution Ltd<br />
P Before printing, please think Environment<br />
From:Matthew Bennett [mailto:mbennett@elmbridge.gov.uk]<br />
Sent: 24 February 2012 16:08<br />
To: Collinson, Roy<br />
Cc: Butler, Helena<br />
Subject: <strong>TPO</strong> EL:11/<strong>46</strong>, Land at Jewson Ltd, 2 Terrace Rd, Walton, KT12 2ST<br />
Dear Mr Collinson,<br />
I note from our records that we have not received a response from our letter sent to you on 14<br />
December 2011. I have enclosed a copy and draw your attention to the final paragraph. If it is your<br />
intention to maintain your objection I would be grateful for your response via email by return, or by<br />
Monday 27 February at the latest. Should we hear nothing then the <strong>Council</strong> will confirm the Order<br />
without further consideration.<br />
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I apologise for the late notice of this matter.<br />
Note I have already sent this email to Helena Butler from Jewson (Secretary to Les Foulger, Group<br />
Property Manager) who sent a copy of the objection to the <strong>TPO</strong> to us on 18 November 2011 before<br />
receipt of the posted version.<br />
Yours sincerely<br />
Matthew Bennett<br />
Tree Officer<br />
<strong>Elmbridge</strong> <strong>Borough</strong> <strong>Council</strong>, Civic Centre, High Street, Esher, Surrey, KT10 9SD<br />
Direct Line: 01372 474 825<br />
Fax: 01372 474 910<br />
email:mbennett@elmbridge.co.uk<br />
www.elmbridge.gov.uk<br />
For information & advice about tree issues in <strong>Elmbridge</strong> please visit<br />
www.elmbridge.gov.uk/planning/trees<br />
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APPENDIX 3
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APPENDIX 4
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