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