Protected tree works at Chadstone, Shelley Road, Hutton

The site and trees

The two protected trees are large mature oaks; one is on site and the other is in third-party ownership.

“Four trees and one group of trees have been included in the application form. Only two are covered by TPO – T1 & T12. Both are large, mature oaks. T12 is on site and T1 is in third party ownership.”

“During the planning process for the new development it was recognised that works to lower branches of T12 would be required to enable the construction of the access. The route of the new access was selected to minimise the works needed to T12. There is large deadwood throughout the crown that requires removal. It is considered that the proposed works to this tree would not significantly affect its overall amenity value.”

Officer report

Officers recommended approval

Officers recommended approval with supervision, good-practice and single-operation conditions for the tree works.

“TPO04 Good Practice B.S. 3998 All tree works must be carried out in accordance with good practice as defined in B.S. 3998”

“TPO05 Single operation and 2 years This consent is for a single operation only and is valid for 2 years from the date of this decision only. Consents for extended management works may be applied for.”

Officer report

Objections and other views

Neighbours and ward councillors raised concerns about tree protection, development pressures, the extent of pruning and compliance with earlier conditions.

“The owner of T1 raised objections to the proposed works to their tree including the works were not specified in detail and no justification has been provided. They have highlighted the proximity of the new dwellings to the trees and therefore the requirement for ongoing maintenance. • A neighbour adjacent to T12 had no objection to the proposed works to the tree but requested further reduction of branches overhanging their property.”

“Support objections made by residents • Concerned that the proposed works are being sought to accommodate the development rather than because there is a genuine need to carry out works to the trees themselves. • Concerned about the relationship between this application ands the tree protection conditions attached to the original planning permission. • Concerned this sends the wrong message. Protected trees should not have to be cut back to fit a development.”

Officer report

Who spoke

A nearby property owner objected, and a ward councillor urged refusal because the development was being prioritised over protected trees.

Members considered the safeguards

Members discussed crown reduction, deadwood, the planning history and whether stronger supervision and marking conditions were needed.

“Cllr Bakhsh suggested that a compromise approach be considered in respect of the application. While acknowledging the need to remove deadwood from the trees, expressed reservations about the proposed crown reduction works on mature trees. Cllr Bakhsh noted concerns that regrowth following crown reduction could create future risks, particularly during periods of high winds or if the trees were affected by disease.”

“Cllr Mynott stated that, despite reservations arising from the site's planning history, he was prepared to move approval of the application subject to strengthened conditions regarding the supervision and marking of the approved tree works. During the discussion, Members considered how the works could be clearly identified on site, and officers agreed to add further wording to the condition to provide greater clarity.”

Minutes

The committee voted

The approval motion received five votes for and five against, with no abstentions, before the Chair used a deciding vote for approval.

“Cllr Myott MOVED and Cllr M Cuthbert SECONDED a motion to APPROVE the application. A vote was taken and Members voted as follow:”

“The Chair exercised his deciding vote FOR the application.”

Minutes

The application was approved

The committee approved the application, subject to the report’s conditions and strengthened wording about supervision and identifying the approved works.

“Members debated whether Condition 1 should be strengthened to provide greater oversight of the approved tree works, given concerns about the site. Officers advised that the Council's arboricultural officer would attend at the commencement of the works to agree the extent of pruning and could return on completion to verify that the works had been carried out in accordance with the approval.”

Minutes