Bath & North East Somerset Council
MEETING:		Development Control Sub-Committee Area A	AGENDA ITEM NUMBER
MEETING DATE:		21 April 2004
TITLE:	Tree Preservation Order: Bath and North East Somerset Council (Avon Brook House (formerly The Royal Oak Public House) Lower Bristol Road, Bath No.132) Tree Preservation Order 2003
WARD:	- Westmoreland
List of attachments to this report: Plan of Site Photograph of site Copies of Letters of Objection to the Tree Preservation Order
AN OPEN PUBLIC ITEM

1. THE ISSUE

1.1 This report primarily requests the Committee to confirm, without modification, the Tree Preservation Order entitled Bath and North East Somerset (Avon Brook House (formerly The Royal Oak Public House) Lower Bristol Road, Bath No.132) Tree Preservation Order 2003 ("the 2003 TPO"), which was provisionally made on the 19 November 2003 to protect trees that make a significant contribution to the landscape and amenity of the area.

2. RECOMMENDATION

2.1 That the Committee resolve to confirm the Tree Preservation Order entitled Bath and North East Somerset Council (Avon Brook House (formerly The Royal Oak Public House) Lower Bristol Road, Bath No.132) Tree Preservation Order 2003.

2.2 That the Committee resolve to revoke the earlier Tree Preservation Order entitled Bath and North East Somerset Council (The Royal Oak, Lower Bristol Road, Bath No.124) Tree Preservation Order 2002.

3. FINANCIAL IMPLICATIONS

3.1 Financial: Under the law as it stands the owner of a tree cannot claim compensation from the Council for making a tree the subject of a tree preservation order. However if the tree is covered by a tree preservation order and the Council refuses an application to fell the tree, the owner could claim compensation if he or she suffers a loss or damage as a consequence of that refusal.

3.2 Staffing: None.

3.3 Equalities: In deciding to make the 2003 TPO the provisions of the Human Rights Act 1998 have been taken into account. It is considered that Article 8 (right to respect for private and family life) and Article 1 of the First Protocol (protection of property) of the convention rights apply in this matter. Confirmation of the 2003 TPO is however, considered to be a proportionate interference in the wider public interest.

3.4 Economic: None.

3.5 Environment: The trees which are the subject of this report make an important contribution to the landscape and amenity of the local area.

3.6 Council Wide Impacts: The confirmation of the 2003 TPO will involve officers from Legal Services. Officers from Development Control and the Listed Buildings Section will need to take account of the trees when considering any application for development or alterations on the site which might affect the trees.

4. THE REPORT

BACKGROUND

4.1 The trees being the subject of the 2003 TPO are three mature Silver Maple estimated to be 40 years old to the rear of Avon Brook House (formerly the Royal Oak Public House), Lower Bristol Road, Bath shown encircled in black and marked T1, T2 and T4 on the plan at attachment 1.

4.2 A tree preservation order had been previously been made on these trees, entitled Bath and North East Somerset Council (The Royal Oak, Lower Bristol Road, Bath No.124) Tree Preservation Order 2002 ("the 2002 TPO"). This was provisionally made on 26^th June 2002 and confirmed without objection on 25 September 2002.

4.3 The 2002 TPO was considered because the trees were under threat from development proposals and were outside of the Conservation Area of Bath. The 2002 TPO was subsequently provisionally made due to the trees having a significant contribution to the landscape and amenity of the area.

4.4 In February 2003 a tree surgeon was witnessed by one of the Council's Arboricultural Officers carrying out unauthorised works to the trees. On following up this matter it was found that the 2002 TPO had not been served on the owner of the land upon which the trees are situated. The consequence of this was that the owner was not in a position to make representations or objections prior to the 2002 TPO being confirmed.

4.5 In the interests of natural fairness it was decided to serve a fresh tree preservation order (the 2003 TPO) to enable the owner of the land the opportunity to make representations or objections about the trees being subject to a tree preservation order.

4.6 Letters of objection to the Tree Preservation Order

The Council are required to take into account all duly made objections and representations before deciding whether to confirm the 2003 TPO.

4.7 Two letters of objection to the 2003 TPO have been received. It appears that part of the land forming Avonbrook House was sold off in or around December 2003 and one letter is from the original owner of the whole site and the other letter is from the new owner of part of the site.

4.8 The main objections made to the 2003 TPO are identified below. The Committee are advised to read the letters of objection contained at attachment 2

B7 That the trees are not of particular merit and have not been looked after.

B7 That the trees only have a limited life span in the positions they occupy.

B7 That tree T1 is too big, grows too fast, and is unsuitable for the site.

B7 That tree roots may damage a nearby brick lined culvert

4.9 The objections to the Tree Preservation Order outlined in section 4.8 above have been considered by Officers and the following comments are made:

B7 The Councils Arboricultural Officers have assessed the trees for amenity value as part of the TPO process and found that they are important trees within the locality.

B7 The life span of these trees is 150 years according to tree expert Alan Mitchell (author) and it is estimated that they are currently around 40 years old

B7 An application to carry out management to the trees can be made under the TPO

B7 The Council's Senior Arboricultural Officer has been provided no evidence with regard to tree root damage to the nearby culvert

5.0 LEGAL AND POLICY FRAMEWORK

Tree Preservation Order

5.1 A tree preservation order is an order made by a local planning authority in respect of trees and woodlands. The principal effect of a tree preservation order is to prohibit the:

Cutting down, uprooting, topping, lopping, wilful damage or wilful destruction of trees without the council's consent.

5.2 The law on tree preservation orders is in Part VIII of the Town and Country Planning Act 1990 and in the Town and Country Planning (Trees) Regulations 1999

5.3 A local planning authority may make a tree preservation order if it appears to

``Expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area''

5.4 The Council's Arboricultural Officers have a written method for assessing the `Amenity' of trees and woodlands considered to be under threat. This is in keeping with the Office of the Deputy Prime Minister (formally the Department of the Environment, Transport and Regions) guidance, and takes account of the visual impact of the tree/s and their contribution to the landscape, their general overall heath and condition, their longevity and their possible or likely impact on services and property.

5.5 This assessment concluded, having taken account of, visual amenity, tree health considerations and impact considerations, that it would be expedient in the interest of amenity to make provision for the preservation of the trees. The 2003 TPO was made on 19 November 2003. This took effect immediately and continues in force for a period of six months, which in this case is effective up to the 18 May 2004.

Planning Policy

5.6 Bath Local Plan 1996

Section 11 entitled `Care of the Landscape'

5.7 Under Policy L4 and Policy L5 it states as follows:

5.8 Policy L4 - The City Council will use its statutory powers to ensure existing trees and woodlands will be preserved and enhanced throughout the city, particularly within the conservation area and the area of outstanding natural beauty.

5.9 Policy L5 - The City Council will use its statutory powers to resist the unnecessary felling of trees and woodlands. The City Council will make tree preservation orders on groups of trees or individual trees which are a valuable contribution to visual amenity and which are considered threatened.

5.10 Bath & North East Somerset Local Plan including minerals & waste policies. Revised Deposit Draft 2003

5.11 POLICY NE.3

C2.22 `Trees are an important part of our natural life support system: they have a vital role to play in the sustainability of our urban and rural areas. They benefit:

B7 the local economy - creating potential for employment, encouraging inward investment, bringing in tourism and adding value to property;

B7 the local environment by reducing the effects of air pollution and storm water run off, reducing energy consumption through moderation of the local climate, and providing a wide range of wildlife habitats;

B7 the social fabric in terms of recreation and education'

5.12 POLICY NE.3

C2.23 `Much of the tree cover in the urban areas is in a critical condition and there is little or no replacement planting for over-mature trees in decline. Infill development has often reduced the space available for planting large tree species. In addition, new tree planting takes many years to mature. The management and retention of significant trees is therefore pressing'

5.13 POLICY NE.3

C2.25 `Bath & North East Somerset has a duty under the Town and Country Planning Act 1990 to ensure tree and woodland preservation wherever it is appropriate. The Council will continue to protect trees and woodlands through Tree Preservation Orders (TPOs) as appropriate. There is also a level of protection afforded to trees in Conservation Areas (CAs). However there are many trees of value outside these designations and careful consideration should be given to the removal of any tree'

6. CONCLUSION

6.1 The trees make a significant contribution to the landscape and amenity of this part of the Bath.

6.2 The trees are located outside of the Conservation Area of the City of Bath so require protection by a tree preservation order if the Councils wishes to control works to these trees.

6.3 Confirmation of the 2003 TPO would ensure the retention of the trees. Should it be found in the future that it would be unreasonable to retain any of the trees the Council will then be able to ensure that replacement trees of a similar species are planted.

6.4 In keeping with the policies referred to above and the Council's commitment to conserve and enhance the environment, it is recommended that the Committee confirm the 2003 TPO without modification.

6.5 As a result of the procedural irregularities in the serving of the 2002 TPO and the subsequent provisional making of the 2003 TPO, the 2002 TPO should be revoked.

6.6 This report has not been sent to Trades Unions because there are no staffing implications.

Contact person	Mark Minkley - Senior Arboricultural Officer 01225 477588
Background papers	The file containing the provisional Tree Preservation Order, relevant site notes, documentation and correspondence can be viewed at Trimbridge House, Trim Street, Bath by contacting Mark Minkley on the above telephone number.