Replacement tree and paving condition at Market Place And Victoria Square, Ashbourne

What was proposed

The application sought to vary a condition so the existing tree could be replaced and details of the replacement tree and surfacing works provided.

“The application sets out that upon inspection on the existing Maple tree, it has been considered that its health is at risk and that it should be replaced. As such, it would no longer be possible to retain the tree in compliance with the existing Condition 10 wording. Furthermore, it is expected that the existing tree will be felled prior to this report being presented to Planning Committee. Removing this existing tree does not require Listed Building Consent.”

“The proposal seeks to amend the wording of the condition to facilitate the replacement of the existing tree on Victoria Square including the submission of details of the tree specimen and the schedule of associated works to the hard surfacing on Victoria Square.”

Officer report

The site and surroundings

The site includes two grade II listed historic surfaces, a listed lamp post and surrounding listed buildings whose setting is the public spaces.

“The surface of the adjoining Victoria Square is also grade II listed (listed 1974). The listing description states that the surfacing is “18th century or early 19th century or earlier” and includes the “paved surface of limestone setts and flagstones with narrow modern surfaced footway through centre”. Located within Victoria Square is an historic, 19th century (1864) lamp post on a stone plinth/base that is grade II listed (listed 1974).”

“Surrounding and bounding the Market Place and Victoria Square are a large number of listed buildings whose setting and context is the Market Place and Victoria Square.”

Officer report

Earlier permissions

Earlier permissions covered the wider works and previous variations to conditions, including changes to conditions 2, 4 and 8.

“It should be noted that previous amendments to conditions 2, 4 and 8 have been granted under application 24/00625/VCOND.”

“24/00625/VCOND - Variation of conditions 2, 4 and 8 of planning application no. 23/00959/LBALT - Various changes to related conditions – Permitted with Conditions…”

Officer report

What officers recommended

Officers recommended granting consent because the amendment would not materially alter the existing level of harm to the listed surfaces.

“In granting consent for the original scheme, the District Council found that the public benefits associated with the works far outweighed the identified harm to the listed surfaces.”

“When considering the proposed amendments as a whole, in addition to those previously consented under variation application 24/00625/VCOND, it is not considered that the changes materially alter the level of harm on the listed surfaces.”

Officer report

Who spoke

The applicant’s Head of Professional Services at Derbyshire County Council spoke in support of the application.

Members’ questions

Members asked about the replacement tree’s size, establishment, future adoption, vandalism and wind protection, and the surrounding surface’s drainage and watering.

“During questions Members raised several issues with Officers present as follows:”

“The size of the replacement tree, what measures would be in place to maintain and establish the tree during the early years of establishment, adoption of the tree following the contract works period, protection methods to prevent vandalism and to prevent in from falling over in heavy winds and the type of surfacing around the tree and whether this would aid drainage/watering.”

Minutes

The vote

Councillor Neil Buttle moved the recommendation, Councillor Peter Dobbs seconded it, and Members voted unanimously in favour.

“It was moved by Councillor Neil Buttle, seconded by Councillor Peter Dobbs and…”

“To grant listed building consent subject to conditions as set out in the report with delegated authority to the Director of Place and Economy to approve any amendments to those conditions as deemed necessary.”

Minutes