To confirm a Tree Preservation Order (TPO) for two London Plane trees (T1 ...
The two London Plane trees and the Silver Maple tree are visible to the.
AGENDA ITEM NO 11 MAIN CASE Proposal:
Confirmation of Tree Preservation Order E/06/11
Location:
Outside 39, 55 & opposite 65 Waterside, Ely, Cambs.
Applicant:
N/A
Agent:
N/A
Reference No:
TPO/E/06/11
Case Officer:
Cathy White, Senior Trees Officer
Parish:
Ely Ward: Ely East Ward Councillors: Councillor Will Burton Councillor Richard Hobbs
[L149] 1.0
THE ISSUE To confirm a Tree Preservation Order (TPO) for two London Plane trees (T1 & T3) outside 55 and 39 Waterside and one Silver Maple (T2) opposite 65 Waterside, Ely, Cambs. This matter is being referred to Committee, as there is a requirement to confirm the TPO within six months to ensure the trees are protected for public amenity.
2.0
RECOMMENDATIONS The two London Plane trees and the Silver Maple tree are visible to the public when viewed from Waterside and contribute to the amenity of the local landscape in and around this part of Ely. It is recommended that this TPO be confirmed, without modifications.
3.0
COSTS If a TPO is made and confirmed, then subsequent applications made for tree works would carry with them an opportunity to claim compensation if, as a Agenda Item 11 – page 1
result of the Council’s decision, the applicant suffers any loss or damage within 12 months of that decision being made. 4.0
EQUALITY IMPACT ASSESSMENT Equality Impact Assessment (INRA) not required.
5.0
BACKGROUND
5.1
The Senior Trees Officer received a tree works application from Cambridgeshire County Council giving the required 6 weeks notice of the proposal to fell the Silver Maple tree (T2) and to pollard the London Plane tree (T1) outside 55 Waterside, Ely. The Silver Maple tree side branches were obstructing the access to the Cathedral Marina bridge for lorries transporting large boats to and from the Marina site. The London Plane tree canopy was encroaching on the roof of the Waterside Antiques Centre, and the Antiques Centre staff had requested the tree be pruned back from the building. As the trees are the responsibility of Cambridgeshire County Council Highways Division, the County Highways Trees Manager inspected the trees and recommended the Silver Maple tree be felled as the tree had poor form with weak branch unions, and the London Plane tree should be pollarded. An application was submitted to East Cambridgeshire District Council as required, giving 6 weeks notice of the proposal to carry out these specifications of tree works in the Ely Conservation Area.
5.2
The Council’s Senior Trees Officer, inspected the trees and considered alternative tree works, to prune and reduce the overall tree crown of the Silver Maple tree (T2) and London Plane tree (T1) by 30% would resolve the current problems of encroachment over the building and obstruction over the access road to the Marina, without the need for removal of the Silver Maple and the pollarding of the semi-mature London Plane tree.
5.3
The Council cannot refuse tree work applications that give notice of tree works in a Conservation Area, and has 6 weeks from the receipt of such applications to serve a Tree Preservation Order (TPO) if the proposed tree work specification is not acceptable.
5.4
Following consultation of local residents and the general public by public notices displayed in the locality of the trees, the Council received strong support for serving a TPO and strong objections to the application proposal to fell the Silver Maple (T2) and the pollarding of London Plane (T1), but accepted both trees required professional pruning.
5.5
The Council then served a TPO on three trees on Cambridgeshire County Council Highways land at Waterside, Ely, a London Plane (T1), Silver Maple (T2) and a further London Plane (T3) on 28th June 2011.
Agenda Item 11 – page 2
5.6
Concerns from the staff at Waterside Antiques were received by a telephone call and a letter of concern from representatives of Cathedral Marina received, via a letter to their local Ward Councillor. It was explained to both parties that the new TPO does not stop the owners of the trees submitting new tree works applications to prune the trees to resolve the problems of encroachment. The TPO will allow the Council to consider new tree work applications and approve an acceptable pruning specification that will resolve the problems of tree encroachment.
6.0
CONCLUSIONS
6.1
Although some concerns regarding the TPO were raised, there was strong support from local residents for the TPO and the report therefore recommends the TPO should be confirmed without modifications. This will ensure the two London Plane trees and the Silver Maple tree on the County Council Highway land at Waterside, Ely, are protected and their contribution to the amenity, biodiversity and green infrastructure of the local area is fully considered in relation to any future tree work applications, and any future tree work is carried out to an approved, professional arboricultural specification and standard. Management of the trees by alternative pruning specifications, to resolve the current encroachment issues raised, will allow the crown reduction of the overall canopy sizes by careful reduction of side and upper branches to suitable pruning points. The TPO status gives recognition of the visual importance of the trees and the positive contribution the trees make to the character of the area.
Background Documents
Location(s)
Contact Officer(s)
TPO E/06/11 Town & Country Planning Act 1990 Town & Country Planning (Trees) Regulations 1999 DETR Tree Preservation Orders A Guide to the Law and Good Practice (March 2000) East Cambridgeshire District Core Strategy 2009. Letters and emails received following the consultation and the serving of the TPO E/06/11.
Cathy White, Senior Trees Officer Room No. 012 The Grange Ely
Cathy White Senior Trees Officer 01353 665555
[email protected]
Agenda Item 11 – page 3
