Contact: David Acton
The Panel were advised that the Order replaced TPO 01237 which lapsed during the initial lockdown period of the Covid-19 pandemic outbreak. The replacement Order was made following the assessment of an outline planning application at this site for three new dwellings and replacement of the existing detached house, thereby potentially placing the trees at risk of removal. Having regard to the prominence of the trees, their valued contribution to the local character and distinctiveness of the area, and their high degree of public amenity value, it was considered the trees warranted protection by the issuing of an Area TPO.
An objection was received to the Order and is summarised below:-
· The neighbour at 121 Widney Manor Road refused to maintain what were original 12 feet tall hedges along the common side boundary and the original hedge has now grown out as mature trees up to 70 feet tall, all in very close proximity to the side wall of 15 Lovelace Avenue;
· The tall trees have resulted in falling branches and their roots have raised paving slabs; and
· Overhanging branches present a danger to people and property and require professional attention which the owner has refused to sanction.
The Council’s Landscape Architect had undertaken a site visit and the trees were assessed using the standard Tempo evaluation method. This had been necessary as the outline planning application provided no detail of which trees were to be retained, or removed, within the limited space available and, therefore, a perceived threat that most of the trees would have to be removed to accommodate a development for three dwellings.
The Panel were advised that the Order consisted of a substantial number of trees in close proximity to others protected by an existing Order TPO/30 made in 1974. The trees were considered potential bat roosts and contributed to a network of trees in the vicinity, including those in TPO/30, which support the local ecology wildlife.
The Panel confirmed they had read the report together with supplied photographs of the tree and immediate area. They considered the issues raised by the written and oral submissions of the objector and the responses of the Council’s Planning and Landscape Officers.
The Panel, in view of the information and advice received, considered that Tree Preservation Order No. 01253 be modified to exclude an area of land containing the trees closest to the side of 15 Lovelace Avenue, allowing the remainder of the trees on the site of 121 Widney Manor Road to be protected.
The modification to include a re-draw of the boundary on the Order plan to exclude the adjacent land at 121 Widney Manor Road that is within the length of the side walls (front elevation to rear elevation) of the detached neighbouring house at 15 Lovelace Avenue, to a depth set back by seven metres to exclude the offending trees that have potential to damage the property.