Agenda and minutes

Apologies for absence were received by Councillors T Bedford and J Molyneaux.

To confirm as a correct record the minutes of the Site Inspection Sub Committee held on 17 November 2006 (enclosed).

RESOLVED – That the minutes of the Site Inspection Sub-Committee held on 17 November 2006 be confirmed as a correct record and signed by the Chair.

Members of the Sub-Committee are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.  If the personal interest is a prejudicial interest, then the individual Member should not participate in a discussion on the matter and must withdraw from the Council Chamber and not seek to influence a decision on the matter.

No declarations of interest were declared.

To visit and inspect the site of the deferred objection to Tree Preservation Order No.5 (Abbey Village).

The decision on the Tree Preservation Order was deferred at the last Development Control Committee meeting on 12 December 2006. A copy of the report of the Director of Development and Regeneration including the representations that were made on the addendum at this meeting have been attached for information.

The two Ward Councillors who are not Members of the Site Inspection Sub-Committee are also invited to attend the Site Inspection and take part in the discussion.

The Sub-Committee visited and inspected the location of report that had been deferred by the Development Control Committee. The report was to decide whether to confirm Tree Preservation Order No. 5 (Abbey Village) 2006, in light of an objection that had been received.

The tree in question lies within Abbey Village Conservation Area and as such trees in this area are afforded protection. Any works proposed to such trees must be detailed in an application submitted to the Council. Once the application is received, the Council has a period of six weeks to either allow the works to take place, seek an amended scheme of works or ensure the ongoing retention of the tree by virtue of the issue of a Tree Preservation Order.

An application (06/00690/TCON) to remove the tree was submitted in June of this year by the occupier of 28, Bolton Road to remove the tree, the reason being the potential for damage to the adjacent properties and because of the frequent problems with blocked gutters on the adjoining garage.

The Council’s Arboricultural Officer was consulted on the application and commented that the tree was in good condition with no obvious sign of cracking or subsidence. As a result the tree was made the subject of a Tree Preservation Order.

Three letters of objection had been received from the owner of the property and the occupiers of the two adjacent properties.  They had several concerns relating to what damage would be caused if the tree were to blow down and what damage was at present being caused to the foundations of the garage.

The tree was viewed from both the front and side aspects of the garden and the views of the Ward Councillor were considered.

The Silver Birch tree is located directly behind the shed of the property and immediately to the side of the garage to the property at the rear. Members expressed concerns that an obvious attempt at pruning the tree sometime earlier had not been done correctly and predicted that although the tree was in a good condition at present, this would probably change if the tree continued to take in water from the top.

They also added that in their opinion the tree did not add any amenity value to the benefit of the public and or contribute to the character and appearance of the locality primarily because of its position within the garden.

RESOLVED – That the Development Control Committee not confirm the Tree Preservation Order No. 5 (Abbey Village) 2006 and allow the works to be undertaken.