MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 18 FEBRUARY 2005, COMMENCING AT 10.00 AM

 

Present :

 

Mr M J Cunningham (Vice Chairman), Mrs T M Butchers, Mr C Hancock

 

Also Present :

 

                        Mr A C Bartlett

 

Apologies :

 

                        Mr H Rees - Local Member

 

 


11.                   DECLARATIONS OF INTEREST

 

There were no declarations at this stage.

 

12.                   WOODLAND SOUTH OF 26-38 VICTORIA AVENUE, SHANKLIN TREE PRESERVATION ORDER TPO2004/24

 

The Chairman welcomed those present to the meeting and introduced members of the Committee. He outlined the procedures that the meeting would follow.

 

The Countryside Manager introduced the report which considered whether or not to confirm the Tree Preservation Order (TPO) Woodland South of 26-38 Victoria Avenue, Shanklin TPO2004/24. The land subject to the TPO was a woodland close to the Area of Outstanding Natural Beauty.

 

The current order had been made on the 16 November 2004. This order had been made with the intention of being modified at a later date. Further work had now been undertaken by the Countryside Manager and the modified order was presented in the report as Appendix J. Several representations had been received from the landowner. An objection had been received from the landowner’s tree consultant.

 

The landowner’s consultant presented to the Committee an amended plan, with a proposed modified boundary for the woodland W1. During his presentation the consultant questioned the condition of the trees included in the Council’s modified TPO. With regard to a group of individual trees TPO’s (T1-T5) it was the consultants view that these were not worthy of protection for several reasons, including the boggy conditions they were growing in. It was his view that these conditions would not sustain the existing trees for a period longer than 20 years. It was noted with regard to the wildlife in the area, particularly squirrels, the landowner had consulted with experts to ensure that any future development on the land would have minimal impact on the environment.

 


The Committee then adjourned into private session in order to take legal advice and consider their decision. Upon reconvening in public the Committee announced their decision.

 

For the following reasons :

 

1.      In relation to the boundary the Committee preferred the boundary line in appendix J to that presented by the landowner.

 

2.      In relation to the trees and woodland the Committee found that T1-T5 and Woodland W1 is of great amenity, both present and future to the public and wildlife, particularly squirrels within it.

 

3.      The need to protect the trees and woodland outweigh the inconvenience to the landowner in this case

 

It was :

 

RESOLVED :

 

THAT TPO2004/24 be confirmed with modifications as shown in Appendix J of the report.

 

The Committee additionally commended the landowner on his good stewardship of the land in the past.

 

 

 

 

CHAIRMAN