MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 28 FEBRUARY 2003 COMMENCING AT 10.00 AM

 

Present :

 

Mrs M J Lloyd (Chairman), Mr R G Mazillius, Mr A J Mundy

 

Also Present (Non Voting) :

 

Mrs B Clough, Mr C Richards

 

 

 

 


16.             DECLARATIONS OF INTEREST

 

There were no declarations received at this stage.

 

17.             REPORTS OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

 

a.         Proposed Definitive Map Modification Order – Bridleway, Cook’s Castle Farm, Wroxall

 

                        The Appeals Committee had before them the detailed report of the Director setting out evidence, with legal tests, with regard to the proposal to make a modification order to add a path, at Cook’s Castle Farm, Wroxall, to the Definitive Map and Statement.  Copies of letters received from the local member and from the landowner were also circulated to members of the Committee.

 

                        Prior to any consideration of the report it was proposed that, to enable Members to obtain a thorough understanding of the case, the matter be deferred to a special meeting of the Committee to allow for a site inspection of the area concerned to be undertaken.

 

                        RESOLVED :

 

                                    THAT consideration of the proposed Definitive Map Modification Order at Bridleway, Cook’s Castle Farm, Wroxall be deferred to a special meeting of the Committee following a site visit of the area concerned.

 

b.                  Tree Preservation Order No 10, 2002 – Harbour Strand and Bembridge Sailing Club, Embankment Road, Bembridge

 

The Committee were advised that a condition requiring the retention of trees had been attached to planning permission granted for Harbour Strand in 1970.  However, no Tree Preservation Order was made at that time.

 

Following receipt of a further planning application on the adjoining site, used as a car park by Bembridge Sailing Club, an Order was made in July 2002 to protect 5 trees within the Harbour Strand site and a wood and an area of trees within the Bembridge Sailing Club site.  The Tree and Landscape Officer had, at the time, only viewed the trees from the roads and public footpaths surrounding the site.  This meant that the precise location of the trees concerned could not be surveyed in detail and consequently were protected by an Area.  The grounds for making the Order were that the trees and wood were of high present and future amenity value and that the wood was also important as a wildlife habitat, forming a link to Knowles Copse.

 

The Tree and Landscape Officer had since undertaken a more detailed survey of the trees in order to identify specific, individual trees to be protected instead of them being part of an Area.  The local member spoke in support of the Order.   The Committee noted the letter received from the member representing the adjacent constituency.

 

RESOLVED :

 

            THAT Tree Preservation Order 2002/10 be confirmed with modifications to exclude A1, except for the turkey oak to the south east of 2 Embankment Road (to be protected as an individual tree) and to reduce the area of W1 to show an accurate boundary.

 

c.         Tree Preservation Order No 24, 2002 – Coburg Court and Cockerell Rise, Victoria Grove, East Cowes

 

The Tree and Landscape Officer reported on the background to the Tree Preservation Order which now covered the trees along Victoria Grove, and formed part of the avenue of holm oaks considered, by some, to be a significant part of the East Cowes landscape.  An application had been received in June 2002 to remove 3 large mature holm oaks, together with several smaller trees on the grounds of subsidence damage being caused to the building at the western end of Coburg Court.  Consent was refused, however, with regard to the 3 larger trees but was granted for the removal of the smaller younger trees due to the number of reasons set out in detail in the report.  The Order was made in September 2002, on the grounds that the trees were of high present and future amenity value, and were also important as a wildlife habitat.

 

Further applications had subsequently been received for the removal of the trees and details of the correspondence between the Tree and Landscape Officer, the loss adjuster and consulting engineer, acting on behalf of the owners of Coburg Court were reported.  A copy of a further letter received from the consulting engineers, dated 26 February 2003, was circulated to the Committee.  The letter set out their opinion on the causes of the damage and on the possible future consequences.  

 

In discussion, Members noted that no advantage had been taken of the consent to remove the younger trees, which would have provided an opportunity to monitor any change in the situation.  Members were of the view that, prior to any decision being taken, a further report be presented to a future meeting of the Committee, which provided a detailed response to the number of comments framed in the letter tabled from the consulting engineers. 

 

                        RESOLVED :

 

THAT the matter be deferred to facilitate a more detailed report to be presented to the next scheduled meeting of the Committee.

 

 

 

 

 

                                                                                                CHAIRMAN