Agenda and minutes

Apologies for absence were received from Cllr Wise.

To elect a Chairman for the meeting.

RESOLVED:

That Cllr Alvey be elected Chairman of the meeting.

To confirm the minutes (including confidential minutes) of the meeting held on 21 December 2015 as a correct record.

RESOLVED:

That the minutes of the meeting held on 21 December 2015 be signed by the Chairman as a correct record.

To note any declarations of interest made by members in connection with an agenda item.  The nature of the interest must also be specified.

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

There were no declarations of interest made by any member in connection with an agenda item.

To consider objections to the making of Tree Preservation Order 41/15 relating to land of 21 Solent Avenue, Lymington.

The Hearing was preceded by a visit to the site to allow members to view the tree from surrounding public viewpoints to form a view about its visual significance within the surrounding area.  There were no issues to be considered relating to the proximity of the tree to buildings or to the health of the tree.  Tree Preservation Order 41/15 protected a large beech tree on the front boundary of 21 Solent Avenue, Lymington.

The Panel was reminded that they should consider the amenity value afforded by the tree and, if they were satisfied that it offered a significant level of public amenity, they should go on to consider the expediency of confirming the Order.  The Panel’s attention was drawn to the Government’s guidance on these issues.  The Panel was also reminded of the need to take account of the Human Rights of the tree’s owners.

Mr Hutchinson, the owner of the tree, objected to the imposition of the Order on the grounds that a request by the previous owner of the property to have the tree protected had been refused, Mr Hutchinson had bought the property having established that the tree was not protected by an Order, and he had done nothing to suggest that the tree was under any threat.  He considered that the imposition of the Order could not be justified.  Although he had been very open about his intention to extend the property at some time in the future, such extension would be to the rear of the property and could not affect the beech tree.  He had bought 21 Solent Avenue to be a family home and wished to remain there for some years.  There was no potential for subdivision of the plot as all of the property owners along Solent Avenue had imposed a covenant on the title deeds of their properties to prevent this happening, in order to protect the special character of the area.  Mr Hutchinson considered that the Order imposed an unnecessary bureaucratic burden on any future maintenance of the tree, and removed his rights to manage his property as he wanted.

In answer to questions from the Tree Officer, Mr Hutchinson advised the Panel that he understood that he would not be able to carry out simple maintenance to the tree, such as the removal of ivy.  The Tree Officer advised the Panel that the Order did not require consent to be obtained for the removal of any plants that were attached to the tree, such as ivy, or the removal of any dead wood.  Consent was only required for works to live wood that was part of the tree.

In answer to questions from the Panel Mr Hutchinson confirmed that he had not received a clear explanation of why the Order had been made.  He had bought the property in the late summer of 2015, following the sale process which had started in the early spring.  The Order had not been imposed until December 2015, so the change of  ...  view the full minutes text for item 14.