minutes - 31 October 2003 Regulatory Appeals

14. ELECTION OF CHAIRMAN FOR THE DAY

The name of Mr Mazilllius was moved and seconded.

RESOLVED :

THAT Mr Mazilllius be elected Chairman for the day

15. DECLARATIONS OF INTEREST

Mr J Effemey declared a personal interest in Minute 16 because he knew of the applicant as they both belonged to the same Association.

16. TREE PRESERCVATION ORDER 2003/17 LAND ADJACENT PUBLIC FOOTPATH R1, ASHLAKE COPSE, RYDE

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

The Committee was informed that a Tree Preservation Order had been made on woodland at land adjacent to Public Footpath R1, Ashlake Copse Road, Ryde. The woodland was already protected an area Tree Preservation Order. The Committee noted that Footpath R1 and Ashlake Copse Road itself formed part of the Coastal Footpath, which was well used by tourists and local walkers. Both tracks were directly adjacent to the site, and provided good views into the woodland. The site was mature secondary woodland, which had been undisturbed for some time and this had allowed typical woodland flora to develop.

An application for consent to carry out work to the trees on the site had been received on 16 July 2003. Following a site visit by the Senior Countryside Officer the application was refused. A Tree Preservation Order was made to protect the woodland on the grounds that it was high present and future public amenity value, was visible from Public Footpath R1 and Ashlake Copse Road and it was a wildlife habitat of great significance.

Letters had been received from the landowner’s agent objecting to the Tree Preservation Order. The Committee were advised although the correspondence raised a number of points, no material objection had been put forward.

Members of the Committee were able to ask questions to the Senior Countryside Officer followed by the landowner’s agent. The Landowner’s agent then presented their case to the Committee and highlighted the reasons for objecting to the Order. The Committee had the opportunity to ask questions to the Agent followed by the Senior Countryside Officer.

The local member addressed the Committee and supported the making of the Tree Preservation Order.

Local residents read out a statement to the Committee. They supported the making of the Tree Preservation Order and suggested that if a planning application were to be submitted in the future, then that would be appropriate time for the proper process to deal with the issues.

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

The parcel of land contained numerous important trees and was of great present and future amenity to the public being visible from footpaths used by the public.

The Committee considered the objections from the landowners agent and balanced the amenity of the woodland against the inconvenience to the landowner and felt that the existing Order did not extend adequate protection to the site. The only way of doing so was to follow the recommendation of the Senior Countryside Officer and to confirm the TPO without modifications.

The Committee also noted that the area covered by the Order was an important habitat for local wildlife.

The Committee then advised the Landowner that brambles and weeds were not protected by the Order and could be cleared. They recommended that the Landowner consult with the Countryside Section if she had any doubt as to what could be cleared from the site.

RESOLVED :

THAT TPO 2003/17 be confirmed without modification