PAPER A5

 

Purpose: For Decision

 

Committee:      REGULATORY APPEALS COMMITTEE

 

Date:                12 DECEMBER 2002

 

Title:                FAIRWAY PARK, THE FAIRWAY, LAKE -

TREE PRESERVATION ORDER NO. 13, 2002

 

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

 

 

SUMMARY

 

The trees are within the grounds of Fairway Park.

 

A TPO was made on 16 July 2002. Two objections have been received. If the Order is to be confirmed this must be done by 15 July 2003.

 

BACKGROUND

 

Making of Order

 

A request was received from a member of the public for trees to be protected at Fairway Park; also a planning application was registered on 27 May 2002 for development at Fairway Park.

 

The Tree & Landscape Officer viewed the site from the adjoining public footpath and from roads surrounding the park, and concluded that many trees within the park had amenity value. A detailed survey would have taken some time and would therefore have drawn attention and might have prompted suspicions that an order was about to be made.

 

An Area TPO was therefore made on 16 July 2002.

 

The grounds for making the Order were "the trees are of high present and future amenity value and are visible from The Fairway, Roseway, Medeway, Fairmead Close, from public footpath SS29 and from Los Altos Park. They are also important as a wildlife habitat, especially for birds and potentially for red squirrels."

 

Objection

 

Objections was received on 6 August and 8 August from local residents whose land adjoins the park. 

 

The grounds for objection were predominantly about concerns that trees from the park might pose a threat to adjoining landowners, or that trees would cause inconvenience such as loss of light or leaves in gutters, and that the existence of the Order might reduce the value of the property. Other grounds concerned the wildlife value of the trees and the species protected.

 

Comments on objections

 

The concerns of neighbouring landowners about damage to their properties could be met by applications for work to the relevant trees, rather than the whole Order not being confirmed.  Unfortunately a site visit has not yet been made to carry put a detailed survey of the site, so specific objections cannot be dealt with.

 


Planning applications

 

Planning permission for application reference TCP/02508/J registered on 27 May 2002 for development at Fairway Park was refused on19 July 2002. A further application reference TCP/02508/K was refused on 17 September 2002.

 

FINANCIAL IMPLICATIONS

 

As with any TPO, compensation could be claimed by an applicant if consent to remove trees or for works to the trees were refused, and the refusal resulted in loss or damage.

 

ENVIRONMENTAL IMPLICATIONS

 

Removal of the trees would be a loss for the local landscape.

 

OPTIONS

 

It is not good practice to use Area Orders. However as a detailed survey has not yet been made to identify the individual trees which are significant enough to merit protection, it would be prudent to confirm TPO / 2002 / 13 until such a survey can be made, at which stage a far more precise Order protecting selected trees could be made. Those affected would then have the chance to object to the new Order.

 

If the order is confirmed it will ensure the continued existence of the trees for the foreseeable future.

 

If the order is not confirmed, the trees might be under threat either from the owner or from adjoining landowners.

 

 

RECOMMENDATIONS

 

Confirm TPO / 2002 / 13.

 

 

BACKGROUND PAPERS

 

1.                  Plan from TPO/2002/13 made 16 July 2002.

2.                  Letter of objection from local resident, dated 5 August 2002, received 6 August 2002.

3.                  Letter of objection from local resident, dated 5 August 2002, received 8 August 2002.

 

Contact Name : Rowan Adams tel 4559

 

 

M J A FISHER

         Strategic Director

   Corporate and Environment Services