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MAIDSTONE BOROUGH COUNCIL
PLANNING COMMITTEE
11th June 2009
REPORT OF THE ASSISTANT DIRECTOR OF DEVELOPMENT AND COMMUNITY STRATEGY
Report prepared by Paul Hegley
Trees at The Oaks, Broomfield Road, Kingswood.
Purpose of Report
Tree Preservation Order (TPO) No.4 of 2009 was made under Section 201 of the Town and Country Planning Act 1990 to protect two English Oak trees growing within the rear garden of The Oaks, Broomfield Rd, Kingswood. One objection to the order has been received and Members are, therefore, asked to consider this when determining whether the Order should be confirmed.
Summary of Recommendation
That Tree Preservation Order No. 4 of 2009 be confirmed without modification.
Background
In February 2009 Tree Preservation Order No. 4 of 2009 was made to protect two large English Oak trees growing within the rear garden of The Oaks, Broomfield Road, Kingswood.
Prior to the making of the order the owner of The Oaks was contacted by the adjoining neighbours requesting that all branches on the Oak trees overhanging their property be cut back. Under common law a neighbour has the right to remove branches that overhang/grow over their boundary from neighbouring trees/shrubs. In this case, if undertaken, the removal of the overhanging branches would result in the loss of over 40% of the Oaks’ crowns. The removal of one side of the crown would leave the trees unbalanced and create numerous pruning wounds which are a source of entry for decay pathogens, jeopardizing the trees’ long-term health and longevity. Therefore, it was considered expedient to protect the two trees so the Local Authority would be able to control the type and extent of any pruning works, to ensure the long-term retention of the trees and their continued contribution to amenity.
The Tree Preservation Order in question was served on the owner of The Oaks. A copy of the Order was also served on adjacent landowners.
The grounds for the making of the Order are as follows: -
The two English Oak trees are mature, healthy specimens, prominent from Laurel Grove and therefore make a valuable contribution to the character and amenity of the area. The trees are considered to be under threat from pruning operations that would be detrimental to their long-term health and amenity value. Therefore, it is considered expedient to make the trees the subject of a Tree Preservation Order.
The Section 201 direction bringing TPO No. 4 of 2009 into immediate effect expires on 5th August 2009.
Description of Site and Surroundings
‘The Oaks’ is a detached property with a large rear garden which comprises mainly of laid lawn and various flower/shrub boarders. The Two Oak trees made subject of the order are growing along the eastern boundary of the rear garden which adjoins the rear gardens of properties in Laurel Grove.
Objections
One objection to Tree Preservation Order No. 4 of 2009 was received within the statutory 28 day period from the making of the Order by the adjoining neighbour of 14 Laurel Grove.
The full text of the objection is attached to this report as Appendix A.
The main ground of the objection is summarised as follows: -
i) The trees are huge, dangerous, drop their branches and cause serious loss of sunlight/light during the summer months.
ii) The previous owners of the trees pruned them on a regular basis, but of recent years they have not been afforded any attention.
Representations
Others: No representations have been received
Response to Objections
I would respond to the principle points set out above as follows:-
i) Both Oaks are mature specimens attaining a height of over 18m and crown spreads of approximately 6m. At the time of inspection by the Landscape Officer they revealed no visual defects other than the presence of some minor dead wood which is to be expected on trees of their age and size. Given the trees close proximity to the eastern boundary a large proportion of the crowns overhang the rear gardens of properties in Laurel Grove. Given the size and presence of the overhanging branches some shade in the summer months is to be expected as is falling debris from time to time, which on most trees is a common occurrence during windy conditions.
ii) A land owner has a duty of care to ensure that trees growing on their land are maintained in a safe condition. In this case there is come evidence of past management and whilst some minor dead wood was visible, in the most part no specific management works appeared apparent at the time of inspection. Although under a duty of care a landowner is not under an obligation to remove healthy growth which encroaches over the boundary into the neighbouring property.
Conclusion
There are considered to be no grounds of objection above which are sufficient to throw the making of the Order into doubt.
Recommended
It is recommended that the following Tree Preservation Order No 4 of 2009 BE CONFIRMED without modification.
Background Documents
406/108/19: TPO No. 4 of 2009