Agenda and minutes

Apologies were received from Cllr Ms Ford.

To elect a Chairman for the meeting.

RESOLVED:

That Cllr Alvey be elected Chairman for the meeting.

To confirm the minutes of the meeting held on 22 August 2017 as a correct record.

RESOLVED:

That the minutes of the meeting held on 22 August 2017 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 31/17 relating to land of Snails Lane, Blashford.

The Hearing had been preceded by a site visit during which Members of the Panel had viewed the landscape covered by this Area Tree Preservation Order from various viewpoints along Woolmer Lane, and Snails Lane, Blashford.  They had noted the general landscape character; the position and prominence of the trees within and along the boundary of the site; and the extent to which Woolmer Lane was overhung by vegetation included with the boundary of the Order and outside that boundary.  They had particularly considered whether the vegetation would be considered to be trees, or part of a hedgerow and therefore not covered by the Order, but protected by separate legislation.

Mr Carpenter advised the Panel that, although he supported the principle of protecting key landscape features and important trees on the site, the lack of specificity as to what was covered by the Order, the need to seek prior consent to carry out any works to trees, such as cutting back branches that were obstructing access along these narrow lanes, would impose onerous and time consuming requirements on the landowners that would stop them carrying out essential maintenance.  In due course this would prejudice the safety of pedestrians and cyclists using the lanes.  Essential delivery vehicles already experienced problems, necessitating prompt action to cut back branches.  Mr Carpenter had been installing new fencing on part of his land when the Order had been served.  As this required him to cut back the existing hedgerow he had stopped work pending the outcome of this Appeal.  The Order would prejudice the proper future management of the trees on the site as people would consider the requirement to gain consent to be sufficiently onerous to prevent them doing anything.

In answer to questions from members of the Panel it was confirmed that Mr Carpenter had already been given consent to manage and trim the hedgerow on his property so that he could finish his fencing works.  It was also possible for landowners to agree with the National Park Authority a management plan for trees on the site, which would cover a specific area and be in place for an extended period of 10-15 years, so that individual one-off consents would not be needed.

Mrs Mitchell, one of the affected landowners, confirmed that she did not object to the Order, but was seeking further information about its effect.

Mr Gruber, the Park Authority’s Tree Officer advised the Panel that the Tree Preservation Order had been made in response to the District Council’s notification of its intention to include this land in the Local Plan Review documents as a potential housing development site.  It was then normal practice to make an Order to protect important trees on the site from indiscriminate removal to facilitate the maximum potential development of the site.  The use of an Area Order, without any specification of the trees covered, was the only practical option at this stage because of the large area involved.  There were insufficient resources available to identify  ...  view the full minutes text for item 8.