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Item 15 - Tree Preservation Order (TPO) - Waveney District Council

Item 15 - Tree Preservation Order (TPO) - Waveney District Council

Item 15 - Tree Preservation Order (TPO) - Waveney District Council

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DEVELOPMENT CONTROL COMMITTEE<br />

<strong>15</strong><br />

Title of Report:<br />

<strong>Tree</strong> <strong>Preservation</strong> <strong>Order</strong> (<strong>TPO</strong>) No. 410 – Land at Carlton Hall, Chapel<br />

Road, Carlton Colville<br />

Fields Bordering The Oaks Estate – Carlton Colville<br />

Meeting Date 19 November 2012<br />

Report Author and Tel No<br />

Fiona McKeown<br />

Tel: 0<strong>15</strong>02 523075<br />

Is the report Open or Exempt?<br />

Open<br />

REPORT<br />

1.1 The purpose of this report is to advise the Committee of an objection received in respect of<br />

respect of this new <strong>Tree</strong> <strong>Preservation</strong> <strong>Order</strong> (<strong>TPO</strong>).<br />

Background<br />

2.1 The fields beside Carlton Hall currently separate the Hall from the housing estate “The<br />

Oaks.” There is a mature tree belt which runs along the boundary fences of properties in<br />

Burlingham Drive.<br />

2.2 The <strong>Council</strong> received many phone calls and emails from local residents and <strong>Council</strong>lors<br />

concerned that the fields would be sold for housing and the trees lost.<br />

2.3 The <strong>Tree</strong> <strong>Preservation</strong> <strong>Order</strong> (<strong>TPO</strong>) was made as a woodland order on the Oaks, Pines,<br />

Beech, Holly, Spindle, Elm, Ash and Sycamores.<br />

2.4 Once served the Landscape Adviser and the Principal Planning Officer met the developer<br />

Persimmons and their Landscape Architect on site.<br />

2.5 At the meeting Persimmon expressed concern Persimmon that the existing access between<br />

house numbers 17 and 23 Burlingham Drive was not clearly shown on the <strong>TPO</strong> plan,<br />

despite there being no trees in front of it.<br />

The objections are as follows:<br />

3.1 1. The woodland order runs all long the boundary and there is an existing access into the<br />

site between nos. 17 and 23 Burlingham Drive. On the field side of this access there are no<br />

trees only some elders and scrub. The objector would therefore like this to be made clearer<br />

on the <strong>TPO</strong> – and have 2 areas either side of access instead of 1 running along the site.<br />

3.2 2. Whilst the objector is not against the <strong>TPO</strong> in principal they do want it understood by all<br />

that dead and dangerous trees are exempt from a <strong>TPO</strong>.<br />

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The objection was responded as follows:<br />

4.1 1. Both the Landscape Adviser and Principal Planning Officer agree that there are no trees<br />

blocking the access, the trees are either side of the access.<br />

4.2 2. It is a fact that dead and dangerous trees are exempt from <strong>TPO</strong> legislation. The tree belt<br />

does not appear to have been managed since it was planted, with many trees too close<br />

together and suppressed, some remedial pruning works and selective felling may be<br />

required. Any trees removed would be replaced.<br />

Options<br />

5.1 The options available to the Committee are:-<br />

5.2 Not confirm the <strong>Tree</strong> <strong>Preservation</strong> <strong>Order</strong> (<strong>TPO</strong>); and confirm the <strong>Tree</strong> <strong>Preservation</strong> <strong>Order</strong><br />

either; without modification, or subject to such modifications as the Committee considers<br />

expedient.<br />

RECOMMENDATION<br />

That the <strong>Tree</strong> <strong>Preservation</strong> <strong>Order</strong> (<strong>TPO</strong>) be confirmed with modification – namely into the 2 areas to<br />

make the <strong>TPO</strong> clearer.<br />

98

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