Regulatory Appeals Committee Minutes

21. DECLARATIONS OF INTEREST

There were no declarations received at this stage.

22. REPORTS OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

(a) Registration of New Town or Village Green, Land South East of Osborne Works, Whippingham Road, East Cowes

The Chairman referred to additional information which had been received, by the Council, since the report had been circulated with the agenda, and proposed that consideration of the item be deferred without any discussion thereon.

RESOLVED :

THAT the item be deferred.

(b) 55 Fishbourne Lane, Fishbourne, Ryde – Tree Preservation Order No 37, 2002

The background to the Tree Preservation Order (TPO) covering a beech and a Monterey Pine on land at 55 Fishbourne Lane, Fishbourne was reported. Prior to the approval of a planning application, on 8 October 2002, to develop the site a tree survey had been undertaken to assess which trees were of value and worthy of retention and protection. The Tree and Landscape Officer had designated only 2 trees to be significantly attractive enough and suitable for protection. A white poplar would also have been included but due to the location of a sewage pipe, in close proximity to the boundary, the white poplar had not been included within the Order, because that species was prone to suckering. The owner had said that Southern Water also wished to see the Monterey pine removed because of its proximity to the sewage pipe. Reference was made to correspondence and telephone conversations between the owner, Southern Water and the Tree and Landscape Officer, which attempted to clarify the confusion over whether any tree had been identified by Southern Water as being a potential cause for damage of their clay pipes and had, therefore, been requested for removal. It was noted that a response had now been received from Southern Water with regard to the two trees affected by the Order and that they did not wish to see the protected trees removed. The grounds for making the order were that “the trees were of high present and future amenity value and were visible from Fishbourne Lane and Ashlake Copse Road. They were also important as a wildlife habitat, especially for red squirrels and birds.”

RESOLVED :

THAT the Tree Preservation Order 2002/37, covering a beech and a Monterey pine on land at 55 Fishbourne Lane, Fishbourne, Ryde be confirmed.

The Committee were advised that the TPO, at Oaklands Close, Fishbourne had been made, as a revision of The Medina Borough Council (Fishbourne No 1) TPO 1974 Order. This enabled the protection of 11 trees: 9 of the original oaks, protected by the 1974 order, and 2 birches which acted as replacements required, as conditions of the consent, to remove 3 oak trees protected by the original Order. The grounds for making the Order were “that the trees were of high present and future amenity value and were visible from Oaklands Close and Elenors Grove/Kite Hill/Quarr Hill. They were also important as a wildlife habitat, especially for red squirrels and birds.” An objection had been received from the owners, of No 3 Oaklands Close, with regard to one of the replacement birches, and requesting for the Cordyline australis, which they had already planted, to act as a replacement. The other replacement tree, at No 2 Oaklands Close, had still to be planted. Two letters of representation had been received and a further letter signed by a number of local residents was circulated to the Committee. Members were also provided with a letter from the local Councillor expressing his strong support for their concerns. In discussion, members were informed that the timescale allowed to facilitate the planting of the replacement trees would be dependent on the respective growing season.

RESOLVED :

i. THAT the Tree Preservation Order 2002/29, be confirmed;

ii. THAT a Tree Replanting Notice be served to ensure that T1 birch was planted as a replacement, as required in the consent letter of 23 September 2002 for the oak which was removed without consent, at 2 Oaklands Close, Fishbourne;

iii. THAT a Tree Replanting Notice be also served to ensure that T2 birch was planted as a replacement for the oak removed, at 3 Oaklands Close, Fishbourne and to not grant consent for the cabbage palm, Cordyline australis to be planted in its stead.

(d) St Anne’s, Augusta Road, Ryde – Tree Preservation Order No 26, 2002

Members noted that St Anne’s was within the Ryde Conservation Area and that consent was, therefore, required for the removal or to carry out works to any tree bigger that 75mm in diameter. The southern half of the site, including most of the garden, was also within G4 of the County of the Isle of Wight (Borough of Ryde) TPO, 1952, which protected “deciduous” trees (reference TPO/1952/1). The number of trees protected, nor their positions, were given on the plan or schedule for Group 4, so the group was, in effect, an area.

The Tree and Landscape Officer circulated an additional report with regard to the rebuilding of a stone wall within Ryde Conservation area. Members were referred to the paper, attached to the agenda, which set out the background to the Order to preserve two common limes and a holm oak at St Anne’s, Augusta Road, Ryde. The grounds for making the order were that “the trees were of very high present and future amenity value and were visible from Augusta Road, which was a private road to which the public have access, from Ryde Pier, and from the sea including Ryde ferry.” Members noted the correspondence, received from the landowner’s solicitor, which set out a number of objections and highlighted the need for the owner to replace an existing wall, which in his opinion had become dangerous, and found it impossible to do so without the trees being removed. The correspondence also referred to a covenant over any tree growing on the property. The owner’s solicitor had appealed to GOSE against the decision to refuse consent to remove the two lime trees. However the appeal had yet to be determined.

The Local Member spoke in support of a site visit in order for members to establish the problems concerned. Meanwhile, the Tree and Landscape officer agreed to investigate the terms of the covenant and report back to a future meeting of the Committee.

RESOLVED :

THAT a site visit be arranged.

(e) Coburg Court and Cockerell Rise, Victoria Grove, East Cowes – Tree Preservation Order No 24, 2003

Members were reminded of the TPO for four trees along Victoria Grove, forming part of an avenue of holm oaks, considered by some, to be of significance to the East Cowes landscape, which had been deferred from the meeting, held on 28 February 2003, pending additional engineering and legal advice by the Council. Further written engineering comments had not been received because there was, to the Tree and Landscapes Officer’s knowledge, no engineer employed by the Council to give advice outside the remit of their specific job. However, desk top studies had been undertaken which revealed that the site history suggested Coburg Court was built on imported soil, which might be a possible reason to explain the position which, if confirmed, suggested that the trees were not the main cause of subsidence. A copy of a letter submitted by the loss adjuster acting on behalf of the owners of Coburg Court was tabled for consideration. Members noted that if the trees were to remain it might be the owner’s intention to seek to recover the additional foundation cost implication from the Council, under the Town and Country Planning Act 1990.

In discussion, members were of the view that it would be beneficial to undertake a site visit. It was also considered important for a detailed engineer’s response to be obtained to aid consideration of the evidence submitted on behalf of the owner of Coburg Court.

RESOLVED :

THAT a site visit be arranged.

23 APPOINTMENT TO INDEPENDENT APPEAL PANELS

The report of the Strategic Director of Corporate Services was received apprising members of the process of appointing panel members and changes, brought about by the Education (Admission Appeal Arrangements)(England) Regulations 2002, to the composition of Panels dealing with admissions and exclusions. In accordance with the Appeal Regulations all Local Education Authorities had a duty to advertise for suitable lay members every three years. Any appeal panel constituted to consider an appeal against permanent exclusion must now comprise of a current head teacher of a maintained school or one who has held that position within the previous five years.

The pool of panel members had received appropriate training and could also be used by the Diocesan Education Authorities.

RESOLVED :

i. THAT Mr B Mosdell and Mrs E Pollen be appointed as Members to the pool of members from which independent, Education Appeal Panels may be drawn;

ii. THAT the following head teachers be appointed to the pool of members from which independent Education Appeal Panels may be drawn to hear appeals against permanent exclusion:

Mr C Avery, Mr G Booth, Mr J Bradshaw, Mrs Y Brannan, Mr C Gorski, Mrs M Hoather, Mr H Kirby, Mr D Stradling;

iii. THAT the above persons be appointed as representatives from whom the Diocesan Education Authorities may also choose to appoint to Appeal Panels in respect of aided school appeals.

24 RETIREMENT OF MS R ADAMS

The Chairman reported that this was the last meeting of the Committee before Ms Rowan Adams, the Tree and Landscape Officer, retired.

Members paid tribute to Ms Adams and her work for the Authority.

RESOLVED :

THAT the Committee wish Ms Adams good luck in her future employment.

CHAIRMAN