Regulatory Apeals Minutes

22. DECLARATIONS OF INTEREST

There were no interests declared at this stage

23. TREE PRESERVATION ORDER TPO/2003/27- WAVERLEY PARK, OLD ROAD, EAST COWES

The Chairman welcomed those present to the meeting and introduced the members of the Committee.

The report of the Head of Planning Services was referred to which advised the Committee of two previous Orders that had been made on the site. The first Order (TPO/2001/2) had not been confirmed as the condition and position of the trees could not be accurately identified. The second Order (TPO/2001/2A) was not confirmed without significant delay. The current Order (TPO/2003/27) had been made on 17 December 2003 following a site visit that protected 16 individual trees and 1 group of 29 trees. A letter of objection had been received from the landowner. Following comments and correspondence between the landowner and the Countryside Section, a reassessment of the trees that were included in the Order was undertaken in the company of the landowner. Following re-evaluation using the standard scoring system, some of the trees were considered not to be worthy of protection and modifications would be required to the Order to exclude those trees which did not meet the minimum score.

A further letter, dated 6 April 2004, had since been received from the landowner and had been copied to the Committee, which stated that the landowner was in agreement with the proposed modifications to the Order. The trees that should remain protected were as follows:

T4, T6, T7, T10 - Mature oaks of a ‘parkland’ type

T8 and T11 - Significant Monterey pines of substantial landscape impact

T17 and T18 - A sycamore and an ash which were highly visible from the Esplanade

RESOLVED :

(i) THAT TPO 2003/27 be confirmed with the following modifications:

· Grounds For Making TPO are revised to read ‘The trees are significant specimen trees of high present and future amenity value and make a significant visual contribution to the local landscape’

· Trees T2, T13, T15, T16, T19, T20, T21 and T22 are deleted from the TPO

· Group G1 is deleted from the TPO

(ii) THAT TPO/2001/2A be revoked

24. APPOINTMENT TO POOL OF INDEPENDENT EDUCATION APPEAL PANELISTS

The Committee were advised that in accordance with the Education (Admission Appeal Arrangements) (England) Regulations 2002 a pool of members must be established from which independent appeal panels are drawn. The appeal panels give consideration to appeals against the decision of the Local Education Authority to refuse a child admission to a school for which their parent has expressed a preference. Panellists could also be appointed to hear appeals bought by parents against the permanent exclusion of their child from school. Appeal panels must constitute of three or five members appointed by the Local Education Authority and comprise of at least one member from each category.

Two members of the Regulatory Appeals Committee and the clerk to the Appeals Panels conducted an interview with the applicant to assess his suitability and Members were now requested to appoint Mr David Rogers to the pool of Lay Panel members from which the Diocesan Education Authorities might also choose members to sit on appeals panels relating to Aided Schools.

RESOLVED :

(i) THAT Mr D Rogers be appointed as a Lay Member to the pool of members from which independent Appeals Panels may be drawn

(ii) THAT Mr D Rogers be eligible to be chosen by the Diocesan Education Authorities to be appointed to sit on Appeal Panels in respect of aided school appeals

CHAIRMAN