Agenda item

Borough of Telford & Wrekin (Trees on land to the North of Haygate Road, Wellington, Telford TF1 2FP) Tree Preservation Order 2021.

The Committee considered the report of the Assistant Director: Policy & Governance which sough confirmation of a provisional Tree Preservation Order (TPO) (Borough of Telford & Wrekin (Trees on land to the north of Haygate Road, Wellington, Telford TF1 2FP) Tree Preservation Order 2021. The report detailed an objection received from the owner of the land that had been circulated to members prior to the Committee meeting and raised concerns which included the condition of the trees, the successful retention of the trees within the TPO and they were no longer subject to encroachment or possible damage. 

The Legal Advisor outlined the process and explained the background to the making of the Provisional Order.  Members were advised that the focus in this case should be on the amenity value of the trees and whether it was expedient to protect them.  If members were minded to confirm the Order the property owner could apply for consent to lop, prune or fell the tree at any time.  The current recommendation was to confirm the order without modification but T15, the sycamore tree, had already been felled due to its condition.  An amendment to the recommendation was therefore requested for the Tree Preservation Order to be confirmed in respect of Trees T1-T14 inclusive but for T15 be excluded from the order, if Members were minded to confirm the order.

The Chair, at his discretion, had allowed public speakers at the meeting and the Objector had provided a letter prior to the meeting, which had been circulated to all parties and made available on the website as they were unable to attend the meeting.

Councillor J Seymour fully supported the Tree Preservation Order which was now for 14 trees as one had already been removed.  Condition 3 of the reserved matters application TWC/2017/0643 specified which trees were to be protected together with the root protection areas (RPAs).  This condition had been breached by the developer with construction machinery impacting on the RPA and was continuing to be breached even within areas where development had been completed.  Meetings that had previously taken place with the developer and the residents association had now ceased following consultation regarding the trees and in particular T1.  She felt that following the advice of the Tree Officer that the remaining 14 trees, with care, could be saved she asked Members to confirm the order.

Mr J Pattinson spoke on behalf of local residents who fully supported the Tree Preservation Order to protect the beautiful old trees and did not understand the objections by the consultant who had only visited the site once.  The developers had boycotted the liaison meetings which was a discourtesy to local residents.  The subcontractors had pressed on regardless without protecting the trees and in particular to T1 at the entrance to the site.  Inadequate protection, equipment and plant and unauthorised changes to the levels of the site had left T1 in a pool of water for much of the winter months and other trees on the site have been endangered in a similar manner and it was essential that this Tree Preservation Order be confirmed to protect the trees on this site.

The Legal Advisor addressed Members saying that the objector had asked that the Tree Preservation Order not to be confirmed but as could be seen from the information provided and the summaries that Members had heard the trees were under threat of damage and harm and it was felt that the TPO should be confirmed on the grounds of expediency and amenity

The Tree and Woodlands Officer addressed Members saying that the remaining 14 Oak Trees all appeared on the 1882 historic map which only contained mature trees at that time so they are in the region of 140 years old.  He explained the characterising features of a veteran oak and that they were irreplaceable habitats within the landscape, although the developers had classed this in the U category of 10 years or less estimated remaining contribution.  With a little work and the decompaction of the previous damage caused there would be merit to the amenity of the area for years to come.  The TPO would allow the Council to ask for replacement of any of those 14 trees so the amenity to the area would continue long after the planning conditions had lapsed

During the debate some Members asked if a replacement for T15 could be insisted on and how would the protection of the trees be monitored and if the trees that had already been felled could be protected.  Other Members fully supported the protection of Trees T1-T14 in order to give the trees another layer of protection

The Tree Officer confirmed that a replacement had always been agreed as T15 had been felled together with an ash tree and a sycamore tree and this was the subject of the planning conditions and these would have to be replaced if they died within 5 years of the development of the site and replacements were being arranged.  The TPO would also provide a further layer of protection to the trees and an element of control for pruning and any works being undertaken would be via a work order and a tree management plan and that the trees were protected under the planning conditions for a period of five years.

The Legal Advisor confirmed that the replacement of any trees removed in breach of planning control could be undertaken via the enforcement action.

The Legal advisor confirmed that as a Committee, Members could confirm the order with modifications.

The motion to confirm trees T1-T14 but exclude T15 was proposed and seconded and upon being put to the vote it was, unanimously:

RESOLVED – that Borough of Telford & Wrekin (Trees on land to the north of Haygate Road, Wellington, Telford TF1 2FP) Tree Preservation Order 2021 be confirmed with modification in that tree 15 is removed from the Tree Preservation Order.