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Committee report 27 of 2009

MAIDSTONE BOROUGH COUNCIL

 

PLANNING COMMITTEE

 

20th MAY 2010

               

REPORT OF THE ASSISTANT DIRECTOR OF DEVELOPMENT AND COMMUNITY STRATEGY

 

 

                                                             

 

REFERENCE: Tree Preservation Order No. 27 of 2009             Date: 27/11/2009

 

TITLE:  Trees on land adjacent Ulcombe Primary School, The Street, Ulcombe.

 

CASE OFFICER:  Guy Stephens

 

Tree Preservation Order (TPO) No.27 of 2009 was made under section 201 of the Town and Country Planning Act 1990 to protect one Dawn Redwood.  Two objections to the order have been received and the Planning Committee is, therefore, required to consider this before deciding whether the Order should be confirmed.

 

The recommendation on whether to confirm this TPO is being reported to Committee for decision because:

 

  • Two  objections have been received

 

POLICIES

Maidstone Borough Council, Landscape Character Assessment & Landscape Guidelines, 2000

Government Policy: ODPM, ‘Tree Preservation Orders: A Guide to the Law and Good Practice’

 

 

BACKGROUND

 

On 16th October Landscape Officers became aware of the potential sale of the land where the Dawn Redwood is located.  As a result, it was considered expedient to protect the tree by the making of a TPO.

 

The grounds for the making of the order were stated as follows: -

 

The Dawn Redwood tree is a mature, healthy specimen, prominent from The Street and therefore makes a valuable contribution to the character and amenity of the area. The tree is considered to be under threat due from the impending sale of the land and it is unclear what will happen to the tree within the site. Therefore, it is considered expedient to make the trees the subject of a Tree Preservation Order.

 

 

The Section 201 direction bringing the order into immediate effect expires on 27th May 2010.

 

OBJECTIONS

 

The TPO was served on the owner/occupier of the land in question and any other parties with a legal interest in the land.

 

Two objections have been received to the order, within the statutory 28 day period from its making as follows:

 

  1. From the Head Teacher of Ulcombe Primary School. The full text of the objection is attached to this report as Appendix A.

 

The grounds of the objection are summarised as follows: -

 

  • The reasons given for making the TPO are not valid: -
  • There are very few locations within the village where the tree is prominent visually. The tree is set back from the road and is only visible when standing near the entrance of the school entrance. It adds nothing to the character of the area as there are other trees of similar height.
  • The tree cannot be an amenity. The only use the tree may have as an amenity feature would be for climbing purposes and as the tree is on land which is owned by the school they will not allow access to the tree to be used for climbing purposes.
  • The TPO has been placed on the tree in an attempt by someone to prevent the proposed improvements to the school and little to do with the trees attributes.  
  • At a recent meeting of the Parish Council there was little support for the TPO.
  • The TPO may influence the planning permission and the value of the land. The sale of the land will fund the extension to include a new entrance and a new library.

 

  1. From Kent County Council, Property Group. The full text of the objection is attached to this report as Appendix B.

 

The grounds of the objection are summarised as follows: -

 

  • The land where the development is proposed has been used on an irregular basis use between 2002 to 2006 as part of an Adventure Playground.
  • The proceeds from the sale of the land will enable improvements to the school and the community. The extension will include a new library which could be used for community meetings.
  • The Dawn Redwood is not native to the County and would offer very little amenity value to the local area compared to the proposed improvements at the school. KCC would be willing to plant a native tree to compensate for the loss of the Redwood.
  • The protection of this tree would suppress huge benefits for the school and the wider community.

 

 

 

CONSIDERATIONS

 

SITE AND SURROUNDINGS:

 

The Dawn Redwood is situated within a disused play area opposite the school and is accessed by using a public footpath (KH320) which runs adjacent to the site. There are a number of other trees along the boundary which form a screen however none are of any significant amenity value and are therefore not included within this TPO.

 

The land has been classed as surplus to requirements by KCC and is to be sold off for development and the proceeds will be used for the proposed improvements to the school.

 

DESCRIPTION OF TREE:

 

The Dawn Redwood is a young mature specimen; the diameter at breast height measured 72 cm. It is 17 metres in height and the average radial crown spread is 3 metres.

 

It is located in the centre of the land which has resulted in it becoming the most prominent tree and can be viewed from The Street. Dawn Redwoods are commonly found along the west coast of America and are renowned for their height, which can exceed 30 metres. It is doubtful as to whether it will attain this height, but given its location it has the potential, because it is relatively young, to become a significant landmark.

 

LEGAL CONTEXT

 

Local Planning Authorities (LPAs) may make a TPO if it appears to them to be:

 

'expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area'.

 

The Act does not define 'amenity', nor does it prescribe the circumstances in which it is in the interests of amenity to make a TPO. In the Secretary of State's view, TPOs should be used to protect selected trees and woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. LPAs should be able to show that a reasonable degree of public benefit would accrue before TPOs are made or confirmed. The trees should therefore normally be visible from a public place, such as a road or footpath. The benefit may be present or future.  It is, however, considered inappropriate to make a TPO in respect of a tree which is dead, dying or dangerous.

 

LPAs are advised to develop ways of assessing the 'amenity value' of trees in a structured and consistent way, taking into account the following key criteria:

 

(1) visibility

(2) individual impact

(3) wider impact

 

Officers use an amenity evaluation assessment form based on Government guidance and an industry recognized system which enables Arboricultural Officers to make an objective decision on whether trees fulfill the criteria for protection under a TPO. 

 

However, although a tree may merit protection on amenity grounds, it may not be expedient to make it the subject of a TPO. For example, it is unlikely to be expedient to make a TPO in respect of trees which are under good arboricultural management.  It may, however, be expedient to make a TPO if the LPA believe there is a risk of the tree being cut down or pruned in ways which would have a significant impact on the amenity of the area. It is not necessary for the risk to be immediate.

 

RESPONSE TO OBJECTION

 

The response to the principle points of objection set out above is as follows:-

 

Headmaster of Ulcombe Primary School.

 

·     The land where the Dawn Redwood is located is next to the main road which runs through Ulcombe Village. The tree is visible from the north of village, looking towards the school. Furthermore it is clearly visible from the school entrance and when using the public footpath.

 

·      In order for a tree to be made subject to a TPO, there are a number of criteria which have to be considered, one of which is whether the tree can be seen from a public place. In this case it can be viewed from the school and from the public footpath, both of which can be classed as a public place.

 

·      There is no definition of ‘amenity’ defined within the Town and Country Act 1990.  The ‘Legal Context’ section of this report provides additional information regarding the term ‘amenity value’ and outlines the key criteria for justifying a TPO.

 

·     When carrying out an amenity evaluation the value of the land is not a consideration.

 

·      To date, no views from the Parish Council have been received.

 

·      It is important to note that by making trees subject to a TPO it does not prevent a development from occurring and any planning permission which necessitates the removal of trees to facilitate the development overrides trees subject to a TPO. The school may submit an application to remove the tree prior to the land being sold. Such an application would be assessed on its merits. If permission were granted then a replanting condition would be attached stating the number and species of trees to be planted to mitigate against the loss of the Dawn Redwood. It is quite possible that as the tree is located in the centre of play area it will cause a constraint to how the site could be developed. However, to date no detailed planning application has been submitted and therefore it is not clear how the site is to be developed.

 

Kent County Council

 

·      It is evident from the overgrown grass and vegetation that this area is not used on a regular basis. The Dawn Redwood is prominent and therefore should be made subject of the TPO.

 

·      There has been great emphasis on the impact the TPO may have on the sale of the land however no detailed plans showing how the land will be developed or the breakdown of costs have been submitted and therefore it is difficult to justify how the TPO will affect any future planning proposals.

 

·     The fact that the Dawn Redwood is not indigenous is irrelevant, when carrying out an amenity evaluation trees are assessed on their visibility and the individual and wider impact may have on the immediate area and not on their country of origin.

 

·      As stated above no detailed information has been provided regarding the breakdown of costs and details of proposals. But, regardless of this, the presumption that the TPO would suppress benefits for the school and wider community should not form a consideration when deciding whether to confirm this order.

 

                                                                                                                      CONCLUSION:

 

For the reasons set out above it is considered that:

 

There are no grounds of objection above which are sufficient to throw the making of the Order into doubt. 

 

RECOMMENDATION:

 

CONFIRM WITHOUT MODIFICATION Tree Preservation Order No. 27 of 2009.

 

BACKGROUND DOCUMENTS:

 

406/134/10- TPO No. 27 of 2009 Tree on land adjacent Ulcombe Primary School, The Street, Ulcombe.