Issue - meetings

Application to fell Oak.

The application to fell the Oak, situated on land where the ownership is unknown, is supported by evidence to show that the tree is the primary cause of subsidence related damage to the dwelling.

Councillor Harris had earlier on in the meeting, as detailed above, declared for the public record a personal interest in this application due to his being the Ward Member. He had also stated that he was pre-determined and would be speaking against the application. He thereupon withdrew and did not participate in the Committee’s deliberations and decision making for this application.

Councillor Placey had earlier on in the meeting, as detailed above, declared for the public record a personal interest in this application. She had also stated that she was pre-determined and she thereupon did not participate in the Committee’s deliberations and decision making for this application.

It was reported this application to fell the Oak tree, situated on land where the ownership was unknown, had been supported by evidence to show that the tree was the primary cause of subsidence related damage to the dwelling.

The Committee was made aware that the issues raised in the representations objecting to the proposal to fell the tree referred to its amenity value and ecological benefits as well as its cultural importance and contribution to carbon sequestration. The representations did not contain any firm evidence that the tree was not the cause of damage to the dwelling. The objections were addressed in detail within the Officer report.

Members were informed that if the application was approved, then the tree would be felled and repairs to the dwelling would be facilitated and funded by the Insurance Company.

Conversely, if the application was refused, then the Council was likely to receive a claim for compensation in the sum of £80,000.

It was recommended by Officers that consent be granted for the felling of the tree and that the replacement planting of a long living but smaller tree species, was secured by a planning condition. Field Maple (Acer campestre) would be an acceptable species.

The Committee was asked to consider the evidence submitted in support of the application to fell an Oak where it had been claimed by the applicant that the tree was causing damage to property and to balance the case for the retention of the tree against a potential claim, made to the Council, for compensation.

Members were advised that the application to fell the tree had been received on 3^rd January 2023 and had been supported by technical reports relating to the moisture content and load bearing capacity of the soil, the damage to the property and the protected tree.

The Committee had before it the published Officer Report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

At the meeting, an oral presentation was made by the Council’s Planning Manager (JP-G) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting with details of:

(1)          Addition to Section 7, detailing 22 additional representations received; and

(2)          Addition to Section 1, Executive Summary and Recommendation as follows:  ...  view the full minutes text for item 102