Agenda item

Land rear of 9 Uplands Avenue, Barton-on-Sea, New Milton (Application 18/11592)

House; access; parking and landscaping; single-storey side extension to existing dwelling

 

RECOMMENDED:

 

Grant planning permission subject to conditions

 

 

Minutes:

Details:

 

House; access; parking and landscaping; single-storey side extension to existing dwelling

 

Public Participants:

 

Mr Gargaro – Objector

 

Additional Representations:

 

A representation from a neighbour containing photographs of the oak tree on the site.

 

Comment:

 

Members shared the objector’s concerns about the impact of the proposed development on the site and the character of the surrounding area but were required to take account of the Appeal Inspector’s comments in granting consent for the development to the rear of 11 and 15 Uplands Avenue.  While agreeing that the Inspector’s decision was flawed it was nonetheless a material consideration that must be accorded some weight.

 

The Committee deplored the pruning that had been carried out to the oak tree on the site which it was suggested had been done to prevent it being worthy of protection through a Tree Preservation Order.  It was noted that this tree had been subject to significant pruning in the past and had regrown successfully, and should therefore be commended to the Tree Officer for consideration for protection in light of its future amenity value.  The Committee considered that it was also important that the beech tree in the neighbour’s garden, which was close to the development, was protected during construction, and in the longer term through a Tree Preservation Order.

 

Decision:

 

(a)  That planning permission be granted;

 

(b)  That the Tree Officer be requested to review, as a matter of urgency, the protection of the oak tree on the site and the beech tree  on the adjoining site to protect their future amenity value; and

 

(c)  That a letter be sent to the Planning Inspectorate to draw their attention to the undesirable consequences of the Appeal Inspector’s decision in respect of land to the rear of 11 and 15 Uplands Avenue, which had established the principle of the development of this site.

 

Conditions:

 

As per report (Item 3(f)), with the following additional condition:

 

11. Before development commences in relation to the dwelling hereby approved (including site clearance, demolition and any other preparatory works) a scheme for the protection of the oak tree to the eastern boundary and off-site beech tree to the north shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a method statement detailing timing of events, all changes of existing surfaces and plans showing the protective fencing or other measures required for the avoidance of damage to retained trees all in accordance with BS 5837 (2012) “Trees in Relation to Construction Recommendations”. Such fencing shall be erected prior to any other site operation and at least 24 hours notice shall be given to the Local Planning Authority that it has been erected. The tree protection measures installed shall be maintained and retained for the full duration of the works or until such time as agreed in writing with the Local Planning Authority. No activities, nor material storage, nor placement of site huts or other equipment whatsoever shall take place within the fencing without the prior written agreement with the Local Planning Authority.

 

Reason: To ensure the retention of existing trees and natural features and avoidance of damage during the construction phase in accordance with Policy CS2 of the Local Plan for the New Forest District outside the National Park (Core Strategy).

 

Supporting documents: