Felling one oak tree at 15 Brunner Close, Hampstead, London NW11

What was proposed

The application sought to fell one oak and treat its stump with eco-plugs; the tree stood in Group G1 of a Tree Preservation Order.

“Proposal: 1 x Oak (applicants ref. T1) - Fell and treat stump with eco-plugs. Standing in Group G1 of Tree Preservation Order.”

Officer report

The tree and its setting

The oak formed part of the historic landscape, was prominent from public places and made a significant contribution to the Garden Suburb’s character.

“There are two mature Oaks at the site, one adjacent to the garage, and the other in the rear garden. These are trees TI and '12 of the Russell Ball and Associates tree survey information submitted as part of the application.”

“Both Oaks very clearly predate the development of Hampstead Garden Suburb, and historic Ordnance Survey maps confirm them to be field boundary trees which were retained in accordance with the Parker and Unwin design principles which sought to incorporate existing mature trees into the layout of the Garden Suburb - the trees are shown on the 1911 Parker and Unwin Suburb map.”

Officer report

Earlier applications and protection

The trees were protected during redevelopment, and several later applications for crown thinning were approved.

“Tree Preservation Order TPO/CA/412 made 28.11.2011 made to protect the trees during the redevelopment of the property under application F/03343/11. The arboricultural report implied that these trees had outgrown their locations.”

Officer report

The officers’ assessment

The tree was linked to subsidence at number 13, while its removal would cause significant amenity and wildlife loss.

“The subject oak tree stands within the grounds 15 Brunner Close and as the delegated report stated the tree is part of the historic landscape of the Hampstead Garden Suburb. The tree makes a significant contribution to this, having a large stem diameter height and crown spread. This assessment of the amenity value of the trees still remains true after 15 years.”

“Following the adoption of the Local Plan and CDH07 where there is a requirement to value trees using the London Tree Officers Association’s recognised tree valuation system Capital Asset Valuation of Amenity Trees (CAVAT) (www.ltoa.org.uk). This system includes consideration to shape and visibility and therefore can be used instead of the Helliwell System that is under review.”

Officer report

The subsidence evidence

Investigations found oak roots beneath the foundations, seasonal movement and soil desiccation, with engineers identifying the oak as the main cause of damage.

“Oak tree roots have been positively identified in both trail pits at the front of the TP/Borehole 2 and at the rear of the property TP/borehole 1 beneath the foundations to a depth of 2.5m. DNA tests have not been performed, the applicant’s engineer makes the following statement “DNA test is not tree specific; only species specific and pointless as there are other oaks nearby which are possibly related, and as the tree we implicated, is only four meters away, it was a…”

“- Location of the tree: Brunner Close - Location of the cracks in the property consistent with the location of the Oak. - Oak 4m away of the property. - Soil investigations indicate that the raft foundation in kitchen 500mm and clay of high plasticity. - Roots of the Oak identified under the foundations up to a depth of 2.5m - Level monitoring indicates seasonal movement.”

Officer report

Objections to the proposal

Thirty-six objections opposed removal because of the tree’s history, amenity, wildlife and climate value and suggested engineering alternatives.

“Loss of an important, historic tree that is over 200 years old. • Tree has high amenity value. • Alternative engineering solutions should be used, such as underpinning or a root barrier. • Loss of ecological value and habitat for wildlife • Tree is an intrinsic part of the Hampstead Garden Suburb design of Parker and Unwin. • The insurers know the risks of providing cover for subsidence and should bear the costs of the underpinning.”

“The Council’s adopted Tree Strategy 2023 to 2028 makes no reference protected trees in relation to subsidence. The following statement relates to the maintenance of street trees “Planned maintenance on street trees is currently carried out as a three year cyclical programme following tree surveys that identify any necessary works on a ward by ward basis This work concentrates on maintaining trees in their immediate environment with due regard to encroachment, shape, future…”

Officer report

Who spoke

The planning officer presented the report, and two speakers opposed removing the tree.

The committee vote

The Chair put the officer’s recommendation to a vote, with no votes for approval, six against and no abstentions.

“The Chair moved to vote on the Officer’s recommendation to determine the appropriate action in respect of the proposed felling.”

Minutes

The final decision

The application was refused.

“RESOLVED that the application be REFUSED.”

Minutes