The Committee considered the report of the Head of Planning concerning Tree Preservation Order No.20 of 2011 which was made under Section 201 of the Town and Country Planning Act 1990 to protect one Horse Chestnut tree growing in the northwest corner of the front garden of 591 Loose Road, Maidstone.  It was noted that one objection to the Order had been received, within the statutory 28 day period from its making, from the neighbour at 589 Loose Road.  A representation in support of the Order had been received on 29 May 2012 from the owner of the tree.  The tree was originally protected on the grounds that it was under threat due to previous root damage and potential felling.  However, since the owner of the tree was strongly opposed to its felling despite pressure from his neighbour, it was no longer considered expedient for the Council to continue to protect the tree as the owner ultimately had control over works to the parts of the tree within his property, and this included control of felling.

Mr Lizzi, the objector to the Order, addressed the meeting.

Contrary to the recommendation of the Head of Planning that Tree Preservation Order No.20 of 2011 be allowed to lapse, the Committee agreed that it should be confirmed without modification.  In making this decision, Members were mindful that works to the tree could be carried out under the Tree Preservation Order if there were any issues of public safety.  It was also considered that a change in ownership at some future date could result in renewed pressure to fell the tree and this would have a detrimental impact on the street scene and air quality.

RESOLVED:  That Tree Preservation Order No.20 of 2011 be confirmed without modification.

Voting:  10 – For  2 – Against  1 – Abstention

Note:  Having stated that he had pre-determined this matter, Councillor Hogg abstained from the voting.