MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 30 NOVEMBER 2001 COMMENCING AT 10.00 AM

Present :

Miss H L Humby (Chairman), Mr J R Adams, Mr A A Taylor

There were no declarations declared at this stage.

15. REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

(a) Trees At Timber, Undercliff Drive, St Lawrence, Tree Preservation Orders No. 17 and 26, 2001

The Committee was reminded that this matter was deferred from the last meeting of the Regulatory Appeals Committee in order to allow members the opportunity to visit the site. A site visit had now taken place and the matter had come before the Committee again for decision.

Members were informed that 'Timber' was a property within the Niton 1950 Area Tree Preservation Order. Due to reports of tree felling and in agreement with the owner it was considered that this order no longer adequately protected the site. A new Tree Preservation Order (17/2001) was made on 19 June 2001 covering 19 individual trees. A petition was received which asked for a further 16 trees to be protected and the owner requested that an additional tree be protected. Due to the level of local concern, an Area Order (26/2001) was made on 13 July 2001 pending further surveys to reassess the trees. The owner's solicitor wrote and objected to Tree Preservation Order 26/2001. An independent arboricultural consultant was then commissioned to survey all trees on site, including those covered by Tree Preservation Order 17/2001, those proposed by the petitioners and by the owner, as well as other trees on site not necessarily visible from public land.

Consideration was given to the independent consultants report together with the views of the petitioners, objectors and the owner. The view of the local member was also taken into account. Photographs were submitted by the local member and were circulated to the Committee. Photographs were also submitted by an objector but the Committee felt that these did not directly relate to the matter before them and would be dealt with separately.

RESOLVED :

(i) THAT Tree Preservation Order 2001 / 17 with a modification to exclude T8 beech and T19 be confirmed.

(ii) THAT a new Order be made to incorporate additional individual trees numbered 24, 25, 27, 28, 29, 30, 32, 33 and 38 in the consultant's report.

(iii) THAT those trees which form the woodland at the North of the site to be protected as part of a new Woodland Order.

(iv) THAT the Area Order TPO 2001/26 not be confirmed.

(b) Wood At Ensconced, Worsley Road; Westhill Cottage, West Hill House, and Westlands, Graeme Road; and the Spinney and Solent Heights, Crozier Road, Tree Preservation Order No. 16, 2001

It was reported that the wood was within the grounds of six properties, the southern parts only of which are within the larger Area 1 of the Freshwater and Totland Niton 1951 Tree Preservation Order. Following reports of tree felling it was considered that this order no longer adequately protected the site so a new Tree Preservation Order (16 / 2001) was made on 13 June 2001 to revise the 1951 Order and improve protection of the wood. Two letters had been received objecting to the Order on the grounds that the wood was well managed and the time needed to make applications for work would be an undue burden and would deter owners from undertaking necessary woodland management. Members were informed that the Department of Environment had advised since 1978 that a woodland management plan was preferable to a tree preservation order. Some owners had infomed the Forestry Commission in 1999 and 2000 that they intended to make such an agreement by application to the Woodland Grant Scheme. To date no such application had been received from any of the owners.

RESOLVED :

THAT the Tree Preservation Order 16/2001 be confirmed.

CHAIRMAN