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