TPO_EL11-46 - NAPS - 020412.pdf - Elmbridge Borough Council

Agenda item:
Committee:
North Area Planning Sub-Committee
Date of meeting: 2 April 2012
Subject:
Lead Officer:
Portfolio Holder:
Link to Council Priorities:
Exempt information:
Delegated status:
Tree Preservation Order EL:11/46
Head of Planning Services
Cllr Simon Dodsworth
P3
None
Delegated authority to accept recommendation
EXECUTIVE SUMMARY:
To give consideration to the objection to Tree Preservation Order EL:11/46 made in respect of trees
on land at Jewson Limited, 2 Terrace Road, Walton on Thames, Surrey, KT12 2ST (‘the Land’).
RECOMMENDATION:
THAT THE ORDER BE CONFIRMED WITHOUT MODIFICATION.
REPORT:
1. Tree Preservation Order EL 11/46 was made on 28 October 2011 in respect of trees shown
on the attached plan of the Land (Appendix 3). The TPO was made following enquiries as to
TPO status, which appeared to involve removal of major limbs. The Council considered this
might present a threat to the future health and amenity of the trees. The new Order identifies
a group of two trees and one individual tree for protection because these trees are highly
visible to users of Terrace Road, Walton Cemetery and in the wider landscape.
2. A letter of objection to the Order has been received from Mr Roy Collinson, Property
Manager of St Gobain SGBD South, Building Distribution Ltd, a copy of which appears in
Appendix 2. This letter concerns 3x oak trees, identified as G1 2x oak and T1 oak on the
attached plan (Appendix 3).
3. Photographs showing the three oak trees appear in Appendix 4.
4. If Members are minded to accept the recommendation they may determine the objection at
this meeting
Financial implications: None
Environmental / Sustainability implications: Visual amenity
Legal implications: It is important that Members give impartial consideration to objections to Tree
Preservation Orders and reach a decision that takes full account of the private rights of the landowner
and the public duty to protect visual amenity.
Equality implications: None
Risk implications: None
Community Safety implications: None
Principal Consultees: None
Background papers: Held in Town Planning Division
Enclosures/Appendices:
1. Report prepared by the Council’s Tree Officer.
2. Objection letter 15 November 2011 and Council reply 14 December 2011 and email reply of
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24 February 2012 maintaining the objection.
3. Copy Site Plan.
4. Photographs of the two oak in Group G1 and T1 oak.
Contact name/telephone number: Matthew Bennett 01372 474825
Email Address: mbennett@elmbridge.gov.uk
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APPENDIX 1
Report Prepared by the Council’s Tree Officer
Background
The tree s a re 3 significant Oa k situated a djacent to the western bo undary of the yard of Je wson
Limited, 2 Terrace Road, Walton on Thames, Surrey, KT12 2ST.
It is appreciated that although these trees are within the bounds of a busy builders’ merchant yard, all
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
amenity to members of the public, visitors to the site and the wider environment. The TPO was made
because it was considered that the tre es were under threat fro m some form of pruni ng, which might
have prejudiced their health and the amenity provided. It is pertin ent to point o ut that all these tre es
existed at this location prior to the TPO and all the objector’s points applied before it was made.
Objection
1. ALL TREES IMPEDING ACCESS – THE OB JECTOR STATE S THAT THE TREES ARE
GROWING INTO THE YARD BY SEVERAL ME TRES AND WILL INCREASINGLY IMPE DE
THE ABILITY OF VE HICLES TO MA NOEUVRE SAFELY, CAUS ING A SAFE TY RISK FOR
STAFF, CUSTOMERS AND BUILDINGS
Council comments
A TPO removes some of the owner’s common law rights regarding works to trees, however by
a system of appli cation some wo rks such as crown lifting to i ncrease the clearance from
ground level might be considered app ropriate and i n the b est in terests of tre e health and
consequently tree safety. Furthe rmore pre-appl ication advice is readily avai lable from a
member of the Tree Section.
2. Largest oak in Group G1 – Th e objector mentions that there is a snack bar situated under
the crown of this tree a nd that customers or staff might be at risk from falling b ranches. The
objector also requested assurance that the tree poses no threat.
Council comments
Whilst the Coun cil cannot give an assuran ce of safety certain works such as the removal of
dead wood can be carried out as an exemption to normal controls. However any tree owner is
advised to seek qualified advice regarding trees and this is best sought from a n arboricultural
consultant wi th recogni zed crede ntials. A list of locally ba sed consultants was sent to the
objector and is available on the tree pages of the Council website.
3. Leaves/residue dama ging mate rials – The obj ector p oints out that buil ding pro ducts are
stored/displayed within th e yard. The falling leave s and residue could damage the quality of
the materials and that thi s is a p resent and increasing phenomenon. The o bjector wishes to
cut back the trees significantly.
Council comments
All these tre es p re-existed the TPO a nd as stated above advice may be so ught from th e
Council regarding the possibilit y of appropriate works, which would not be damaging to t ree
health. Some ill-advi sed, severe tree works could precipitate i ncipient we aknesses by th e
production of insecure gro wths an d de cay fo stering future damage to b uilding sto ck stored
nearby. These tree s offer a high de gree of amenity and it is con sidered that there a re other
ways of lessening their impact such as re-organising the yard.
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GENERAL POINTS:
Council assessment of amenity
In orde r to assess the a menity value of t hese tre es the indu stry recogni sed TEMPO Tree
Evaluation Method for TPOs has been used. Applying this method, the trees (G1 2x oak an d
T1 oak) score 17 points. According to this system g aining scores of 15 and o ver shows that
trees definitely merit a TPO.
THE COUNCIL’S TPO CRITERIA:
This recommendation has been reached in the light of the Cou ncil's current p olicies and th e
various criteria, which have to be applied when considering whether to include existing trees in
a TPO.
These are:-
(a) The tree must be of public amenity and not only of private benefit.
(b) The tree must not have been mutilated in the past to an extent that removes its
arboricultural amenity value.
(c) That it is healthy and safe or can reasonably be made so.
(d) That it is capable of a reasonably long life ahead.
(e) It is not so close to buildings that it would be unreasonable to refuse its felling if
requested.
(f) Whether it is expedient to make a TPO. This usually means whether the tree is under
some form of threat, e.g. by proposed development.
Conclusion
Special regard will also be paid to rare or unusual trees of historic interest.
Confirm Tree Preservation Order EL: 11/46 without modification.
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APPENDIX 2

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From: Mat
To: Collinson
Date:
Subject:
thew Bennett
, Roy
Friday, February 24, 2012 5:43 pm
Re: TPO EL:11/46, Land at Jewson Ltd, 2 Terrace Rd, Walton, KT12 2ST
Dear Mr. Collinson,
Thank you for responding promptly.
Your objection will be presented to the next available Planning Sub Committee who will decide
whether or not to confirm the TPO.
yours sincerely,
Matthew Bennett
>>> "Collinson, Roy" Friday, February 24, 2012 5:07 pm >>>
Matthew
I refer to your e mail below and to our telephone conversation this afternoon.
As confirmed I wish to maintain our objection to the TPO.
Regards.
Roy Collinson BSc MRICS
Property Manager - SGBD South
Saint-Gobain Building Distribution Ltd
P Before printing, please think Environment
From:Matthew Bennett [mailto:mbennett@elmbridge.gov.uk]
Sent: 24 February 2012 16:08
To: Collinson, Roy
Cc: Butler, Helena
Subject: TPO EL:11/46, Land at Jewson Ltd, 2 Terrace Rd, Walton, KT12 2ST
Dear Mr Collinson,
I note from our records that we have not received a response from our letter sent to you on 14
December 2011. I have enclosed a copy and draw your attention to the final paragraph. If it is your
intention to maintain your objection I would be grateful for your response via email by return, or by
Monday 27 February at the latest. Should we hear nothing then the Council will confirm the Order
without further consideration.
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I apologise for the late notice of this matter.
Note I have already sent this email to Helena Butler from Jewson (Secretary to Les Foulger, Group
Property Manager) who sent a copy of the objection to the TPO to us on 18 November 2011 before
receipt of the posted version.
Yours sincerely
Matthew Bennett
Tree Officer
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10 9SD
Direct Line: 01372 474 825
Fax: 01372 474 910
email:mbennett@elmbridge.co.uk
www.elmbridge.gov.uk
For information & advice about tree issues in Elmbridge please visit
www.elmbridge.gov.uk/planning/trees
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APPENDIX 3

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APPENDIX 4

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