Agenda item

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.

Minutes:

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 3rd 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: -

 

Should consent be granted to fell the tree then the two conditions below should be attached to the decision:

 

1.      “COMPLIANCE: REPLACEMENT TREE

 

A replacement tree shall be planted during the first planting season (1 November to 31 March) following the removal of the tree to which this consent relates. The replacement tree shall be a Field Maple (Acer campestre) or other species to be agreed in writing and in advance of the felling, with the local planning authority and have a girth of 10 to 12 cm at time of planting.

 

It shall be planted in the same or as close as possible to the same location as the felled tree. If within a period of 5 years from the date of planting the tree is removed, uprooted, is destroyed or otherwise dies another tree of the same size and species shall be planted at the same place or in accordance with any variation for which the local planning authority gives written approval.

 

REASON: To ensure that a new tree is planted for its amenity value.

 

2.      COMPLIANCE: TIME LIMIT

 

The work authorised by this Decision Notice must be completed within two years of the date of this Notice. If the work is not completed within this period, for whatever reason, the authority to proceed expires.

 

REASON: To ensure that the permitted works are arboriculturally appropriate.”

 

Notes (1) to (4) were also set out in the Update Sheet for the recommended Condition 2.

 

Jennifer Spear, a local resident, spoke against the application.

 

Parish Councillor Nick Rippon, representing Tendring Parish Council, spoke against the application.

 

Councillor Peter Harris, the local Ward Member, spoke against the application.

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

A member of the Committee asked if the circumstances had been independently assessed.

The Planning Manager advised that Tendring District Council’s Tree Officer had assessed the application as submitted and had provided comments within the Officer report. The circumstances had not been independently assessed.

 

Following discussion by the Committee, it was moved by Councillor Fowler, seconded by Councillor Alexander and unanimously RESOLVED that consideration of this application be deferred for the following reason:

 

·         An independent assessment to be secured to consider the evidence presented for the felling of the tree. 

 

The Chairman requested approval from Members of the Committee to continue the meeting past the allowed period of 3 hours, as required by Council Procedure Rule 35.1. It was moved by Councillor Harris, seconded by Councillor Alexander and RESOLVED that the Committee continue its deliberations.

Supporting documents: