Agenda item

The attached report sets out a request to remove two small Birch trees from the garden of 31 Alice Street, Oswaldtwistle and the Officer’s recommendation of a Tree Preservation Order to protect 4 Birch trees in the same garden. 

Recommended – That the application be determined as set out in the report.

The Chief Planning & Transportation Officer informed the Sub-Committee of the report submitted by the Arboricultural and Conservation Officer which recommended that a Tree Preservation Order was place on 4 Birch trees in the garden of 31 Alice Street, Oswaldtwistle.  He gave brief details of the Officer’s observations and referred Members of the Sub-Committee to a plan of the site.  The reasons for making a Tree Preservation Order on the Birch trees are set out in the report but should also include reference to the site’s location within (but on the edge of) the Conservation Area.  

Also present in the report were photographs of the trees and details of three objections to the making of a Tree Preservation Order.  The reasons for objection were set out in the report.  He informed the Sub-Committee of the Amenity Scoring Schedule as set out in appendix 3 of the report and that the recommendation was for the trees to be protected by a Tree Preservation Order (TPO) to preserve the amenity of the area.  The reasons for the recommendation were as set out in the report.

The Chair invited Mr. Pickup, resident of 31 Alice Street, Oswaldtwistle, to speak in objection to the Officer’s recommendation.  He gave background details for his objections to the Tree Preservation Order and reported that his reasons for felling the Birch trees were because of the height of the trees (which could be replaced by more suitable trees for a domestic garden).  In respect of building works on his property, he pointed out that these were creating dangers and therefore, for safety reasons, the trees should be felled.  He also challenged the Officer’s view that the amenity would be affected should the trees be felled because the neighbours had not objected to them being felled and explained that there were no other trees in the garden that could be felled instead. 

The Chief Planning & Transportation Officer responded to the points raised by Mr. Pickup as follows:

-       He referred to section 2.2 of the report and referred to the importance of retaining the young Birch trees, especially as they were healthy and were replacing trees that had been removed. 

-       He pointed out that trees did improve the amenity of the area. 

-       He advised that the property was in a conservation area and the property owner would need to apply for permission to fell any protected trees.

Members of the Sub-Committee took consideration of the comments and issues raised in the meeting.  Further questions were raised to clarify issues before the determination of the decision.

Resolved                               -   That the Committee approved that the Birch trees located at 31 Alice Street, Oswaldtwistle, be protected by a Tree Preservation Order (TPO).  The reasons for applying a TPO to the 4 Birch trees situated at this address were as follows:

-       The Birch trees made a positive contribution to the amenity of the area and the Conservation Area;

-       There is insufficient evidence to suggest that they will fall and at present they are not damaging a nearby wall low;

-       The trees are in a good condition at this time, but if not protected they could be open to indiscriminate felling;

-       The trees made a positive contribution towards biodiversity and wildlife; and

-       The trees were originally planted to replace trees that were being lost due to development and should therefore be retained.

-       The property was in a conservation area and therefore the felling of any tree would require Council permission.