Agenda and draft minutes

To elect a Chairman for the meeting.

RESOLVED:

That Cllr Derek Tipp be appointed Chairman of the Panel.

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 0013/22 relating to land of 3-5 Stanley Road, Lymington, SO41 3SJ.

The hearing had been preceded by a visit to the site to allow members to view the tree to the rear of 3 - 5 Stanley Road, Lymington, the subject of Tree Preservation Order 0013/22 (the TPO).

The tree was viewed from various points either side of the frontage of the property, and from Brook Road.

The legal adviser summarised the tests that should be applied in considering whether or not to confirm the TPO (set out in the Town and Country Planning Act 1990, and the guidance issued by Ministry of Housing, Communities and Local Government), and explained that it was for the Panel to determine whether the tree had amenity value. 

The Appeals Panel was advised that it might confirm the TPO if it considered that it was expedient and in the interests of amenity to do so.  The test for ‘Amenity’ should include a reasonable degree of public benefit in terms of the visibility and impact of the trees. The future potential of the tree could be part of the consideration.

It was advised that if the Panel determined that the tree might merit protection on amenity grounds, it then needed to consider whether it would be expedient to make a TPO.

Members also noted that Ministry of Housing, Communities and Local Government Guidance stated it was unlikely to be necessary to make an Order in respect of trees which were under good arboricultural management.

The Panel was informed that it may be expedient to make an order if it was believed that trees were at risk of being felled, pruned or damaged in ways which would have significant impact on the amenity of the area, however the expediency test did not require that there was an immediate risk to the trees.  The risk to trees as a result of development pressures may however make it expedient to make an order. Orders may therefore be made as a precaution.

The Panel was also advised of Articles 1 and 8 the Human Rights Convention in respect of the rights of interested parties.

It was noted that Mr Wild, the son of the occupant and owner of 3-5 Stanley Road, was unable to attend the meeting, but had submitted a letter which the Panel had read and considered fully as part of the public agenda pack.  Mr Wild had also submitted a further additional statement dated 6 February, which the clerk read out at the meeting and was made available to those present.

In this additional statement, Mr Wild reiterated his view that there was no risk to the tree as long as the property continued to be held by his family. He also emphasised his family had cared for the tree for over half a century, and fully recognised its environmental value and suitability for local wildlife. 

Mr Wild felt that the tree was not a prominent one, could only partially be seen from a few meters of public pavement, and was only visible from the upper windows  ...  view the full minutes text for item 15.