DEVELOPMENT MANAGEMENT COMMITTEE

Report by Development Management Manager

1 DESCRIPTION

Promotion of a Tree Preservation Order (TPO) at land north of Valley, Livingston.

2 DETAILS

Reference no. TPO No. 3 of Owner of site West parcel: Dr Karim Rehana 2013 Central and east parcel: T. Carson and W. Sneddon Applicant Ward & local Livingston South Council members Lawrence Fitzpatrick Peter Johnston Danny Logue John Muir Case officer Sarah Collings Contact details Tel: 01506 282-429 Email: [email protected]

Reason for referral to Development Management Committee: The matter has been referred to committee after a request from a local member.

3 RECOMMENDATION

3.1 It is recommended that committee confirms Tree Preservation Order No. 3 of 2013, at Murieston Valley (North) which was made provisionally under delegated powers on 28 October 2013 and requires confirmation by 28 April 2014.

4 DESCRIPTION OF THE PROPOSAL AND PLANNING HISTORY

The Site

4.1 The proposal is for a 2.4 hectare Tree Preservation Order known as „No. 3 of 2013 Murieston Valley (North)‟. The site is located between Murieston Valley and the railway line to the north and extends east from the land adjacent to 8 Moriston Drive in the southwest to land adjacent to 78 Teviot Drive to the northeast. The maximum dimensions of the TPO site are 535m and 110m.

4.2 The site of the proposed TPO was surveyed as part of the council‟s Phase 1 Habitat Survey in 1993 prior to the construction of residential development along the Murieston Valley distributor road.

1

4.3 The promoted TPO contains trees of primarily two ages: older farmland trees and mature trees along the burn, as well as newer shelterbelt planting which acts as a screen to the rail corridor, and to Bellsquarry and Bankton to the northwest.

Promoted TPO

4.4 The council was already minded to prepare a TPO for the Murieston Valley North area before application 0020/P/13 referred to below was received. TPO Murieston Valley (North) No.1 of 2013 (which covers the same area of land as the current TPO) was made on 30 April 2013 but was revoked by the current order because there was an objection to the earlier order and that objection could not be considered by committee prior to the date the order lapsed. Provisional TPOs must be confirmed within six months of being made or, statutorily, they lapse.

4.5 A replacement order, Tree Preservation Order No. 3 of 2013, was therefore made and served on all interested parties in the week commencing 28 October 2013 before the first order had expired. It should be noted that a TPO does not create a general prohibition on tree felling, pruning and woodland management. The order makes it clear that it is the carrying out of such actions without the consent of the planning authority that is prohibited (see clause 3 of the TPO).

4.6 The area promoted for Tree Preservation Order No. 3 of 2013 (Murieston Valley North) acts as a buffer strip between residential areas off Murieston Valley and the elevated railway line. Tree cover predominates across the TPO although some of it is immature and below the British Standard for inclusion in tree surveys. Tree cover across the TPO is comprised of three main areas: a western area of recent shelterbelt planting of young mixed woodland including willow, poplar, rowan, oak, beech, dogwood, ash, birch, aspen and Scots Pine; a broader central area including a narrow shelter belt to the east of Moriston Drive, mature farmland trees (beech, some oak and ash) and self-seeded saplings which will in time reduce the area of open grassland east of Moriston Drive and adjacent Murieston Valley; and an eastern area of shelterbelt planting, including some mature trees associated with the former farmland and the burn, which comprises emerging woodland of mostly wetland species such as willow and birch.

4.7 A tree survey was undertaken of the western and eastern parts of the area in January 2013 as part of a planning application. The tree identification above is drawn from that report.

4.8 The promoted TPO is highly visible from nearby roads and residential areas, the railway line, and the neighbourhood centre to the north and thus makes a valuable contribution to the amenity and character of the area.

4.9 In terms of biodiversity, the woodland provides habitat for birds and other species and includes wetland areas, as well as acting as a green corridor.

4.10 There are several justifications for promoting Tree Preservation Order No. 3 of 2013 at Murieston Valley North: to ensure the long term protection and management of the woodland; to support the significant amenity and landscape character that the mature trees and emerging woodland provides for local residents and community; to support local biodiversity and nature conservation by ensuring that the connectivity of a green route is maintained without barriers; and to maintain informal recreational routes and access to green space.

2

Planning History

4.11 The land was assessed as not suitable for development and set aside as open space by Livingston Development Corporation. The 1987 Stage A report for the new town identifies areas of Existing Woodland and Proposed Woodland across the proposed TPO area. A „Greenway/Leisure Route‟ is indicated from the railway underpass at Bellsquarry in the west running parallel and south of the railway line through the TPO site, turning southeast towards Murieston Water. Structure planting was implemented approximately twenty years ago and these trees are now well established.

4.12 The land covered by the TPO is part of a larger area that was transferred to the Scottish Greenbelt Company Limited by Livingston Development Corporation with a burden on the land requiring it to be used and maintained as undeveloped greenbelt ground. This burden ceased to have effect following the abolition of feudal tenure in in 2004. The land was subsequently sold to the current owners.

4.13 The land to the north of 8-11 Moriston Drive and bounded by the railway corridor is designated in the West Lothian Local Plan (WLLP, 2009) as „land safeguarded for open space‟ under policy COM2. The remaining TPO is unallocated „white land‟ within the Livingston settlement boundary. There are nine confirmed TPOs in the Bellsquarry and Murieston neighbourhoods plotted on the West Lothian Local Plan proposals map indicating the significance of woodland and trees to the character of the area. The land was never intended for development in either the current West Lothian Local Plan or the now superseded Livingston Local Plan (LLP, 1996).

4.14 A planning application (0020/P/13) for planning permission in principle for the erection of a 0.5ha residential development was refused by the councils local review body in early 2013. The site comprised land to the north and east of the Moriston Drive residential area and is included in the current TPO area. Relevant to the promoted TPO, the proposal was refused as contrary to policies ENV 11 (woodlands and forestry), ENV14 (the protection of trees and tree preservation orders) and COM2 (open space) of the West Lothian Local Plan.

5 PLANNING POLICY ASSESSMENT

5.1 Scottish Planning Policy (SPP, 2010, paras. 146 - 148) addresses trees and woodland. The policy cites that Tree Preservation Orders „can be used to protect individual and groups of trees considered important for amenity or because of their cultural or historic interest.‟

Planning Circular 1: Tree Preservation Orders (2011) sets out the Scottish Government‟s policy and procedures for TPOs and trees in conservation areas. Confirmed TPOs require to be recorded in either the Register of Sasines or the Land Register.

5.2 The development plan comprises the approved Strategic Development Plan prepared by the Strategic Planning Authority for and South-East Scotland (SESplan SDP, June 2013) and the West Lothian Local Plan (WLLP, 2009). The following development planning policies apply to the promoted TPO at Murieston Valley North:

Plan Policy Assessment Conforms? SES- Policy 11 Requires Local Development Plans (LDPs) The proposed TPO is a plan Delivering to identify opportunities and contribute to the multi-functional green link SDP the Green development and extension of a strategic and ensures connectivity Network Green Network. into local and larger scale network. 3

WLL ENV 14 Presumes against development that would The trees and woodland are P Tree damage or destroy trees protected by TPOs, of local amenity and nature Preservation or which have particular local amenity or conservation value. Orders nature conservation value.

WLL COM2 Land For the part of the promoted TPO under An overlapping TPO would P safeguarded COM2 designation, proposals which result in reinforce the COM2 for open the loss of urban sports and recreation designation. space facilities, or formal and informal open space will be resisted. Proposals are assessed against four criteria: justification of development, importance of open space, disturbance and loss of trees, woodland, wildlife habitats and green corridors; and availability and suitability of alternative sites for compensation/replacement.

6 REPRESENTATIONS

6.1 The provisional order was subject to the requisite statutory publicity.

6.2 While there is no legal requirement for community councils to be consulted regarding TPOs, Murieston Community Council has made a representation in support of the proposed TPO.

6.3 Including the representation from the local community council, ten representations were received in support and two against the proposed TPO. These are summarised in the table below.

Comment/ Issue Response

In support

Support from local community Noted Supports local wildlife including deer, bats, Noted foxes and particularly birds. Deer use the area for safe passage to connect to other areas. Concern that loss of the woodland would result in birdlife and other local wildlife disappearing. Protection of wildlife and watching wildlife is important. Developing woodland and trees in their prime Noted add to local amenity and local people enjoy watching the trees grow over time. Area is used by individuals, families and Noted children for informal recreation, as outdoor space, for local walks and dog walking. Woodland screens the railway and noise from Noted passing trains. The green space contributes to the special Noted character of Murieston neighbourhood and has scenic value.

4

Against

Client‟s land is not covered with woodland. Site visits and photographs show that the central and east parcel of land referred to and registered as MID 129516 is well covered in emerging woodland as well as some mature trees. Client‟s land (MID 129516) does not form part The on-site burn is within the Murieston Water of riparian corridor along the Murieston Water. watershed. Client‟s land (MID 129516) has no evidence of While there are no made paths on the site there are regular use (informal or otherwise) by local informal paths, notably emanating from the access residents such as a network of trodden paths. gate at the central section off Murieston Valley.

There are no public rights of way or core paths This is not a planning reason against a TPO. across the site. The local plan does not identify the land as While the COM2 designation is restricted to the „land safeguarded for open space‟. western end of the proposed TPO, a COM2 designation is not a precursor to a TPO. The land is not allocated as community These points are immaterial to the confirmation of a woodland in the local plan nor is it an action in TPO. the council‟s Woodland Action Plan. The Order as drafted does not satisfy the All statutory procedural requirements for the regulatory requirements. creation of TPOs have been followed Legal Services have ensured that a valid final order has been prepared subject to its confirmation. The council should conduct a tree survey to There is no legal requirement for a tree survey to comply with procedure and to ensure the TPO be undertaken when making or confirming a TPO. is enforceable. However, it is noted that a tree survey of the western parcel of land (MID 129134) has been undertaken and that the council‟s Aboricultural Officer has reviewed the TPO site. A photographic survey has been conducted and it is likely that the council will undertake further survey work once the TPO is confirmed and as part of the technical work for Central Scotland Green Network. Amenity is not defined in the Act and thus The trees within the designated area enhance the questions the grounds for making the TPO. amenity of this part of Livingston. The Act states in section 160 “if it appears to a planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their district, they may for that purpose make an order with respect to such trees, groups of trees or woodlands as may be specified in the order.” The word has not been defined so the legal presumption is therefore that the word be given its plain and ordinary meaning. The Oxford English Dictionary defines amenity as „a useful or desirable feature of a place‟. Client is concerned that the TPO is being The council is minded to designate a TPO in the made in response to a recent application for area due to the need to protect the high standard residential development on the west parcel of of local amenity. land. The Order is too wide ranging and should be Given the large number of established and re-drafted to one that is specimen and species emerging trees and the 2.4ha (6.0 acre) size of the 5 specific. TPO a blanket order is most appropriate. Only mature trees which are in satisfactory TPOs are not limited to mature trees and can be health and condition should be included in the extended to woodland where appropriate Order. justification is given.

A plan for a compromise position was The proposed boundary, suggested by the presented at a meeting on 13/11/13 between landowner, is indeterminate and has no justification the agent, owner (central and east parcel, MID in terms of maintaining the integrity of the woodland 129516) and Planning Services which would area as described in the promoted TPO above. reduce the coverage afforded by the TPO north of the centre of the site.

7 CONSULTATIONS

7.1 This is a summary of the consultations received. The full documents are contained in the application file.

Consultee Objection? Comments Planning Response

Forestry Commission - Receipt of TPO acknowledged - Scotland but no response WLC Aboricultural No Several site visits have been Noted Officer made with planning officers and agrees with the extended blanket TPO.

8 ASSESSMENT

8.1 Without the creation of a TPO at Murieston Valley North there is concern that the area of land may come under increased development pressure which would adversely impact on the contribution the site makes to the local landscape setting. The TPO supports the broader development of multi-functional green corridors as is occurring in the Livingston South blue/green network improvement proposals which are underway in the community. Due to the significant size of the TPO it will form part of the larger pattern of the Central Scotland Green Network which is identified as an initiative in National Planning Framework 2.

8.2 The mixture of emerging woodland and mature trees are important to local landscape character and have a high level of visibility from road and rail corridors and local communities.

8.3 It will also reinforce local habitat creation and support biodiversity.

8.4 There is community support for the benefits provided by the proposed TPO including for informal recreation and green space.

9 CONCLUSION AND RECOMMENDATION

9.1 The promoted TPO is recommended for approval as there is considerable and significant justification for the TPO to be made on the grounds of long term protection and management, amenity and landscape character, local biodiversity and nature conservation value, and, informal recreation and access to green space.

9.2 The proposal to promote a TPO is supported by development plan policies.

6

10 ATTACHMENTS

Location plan Copy of Order Title plans for MID129516 and MID129134 Letters of Representaion

CHRIS NORMAN Development Management Manager Date: 12 February 2014

7

8 3

1 il a r T n to s e ri u

M l

i

a

r

T

n

o

t

s

e

i

r

u M 1:2500

5

8

1

E

V

I

R

D

T

O

I

V

E

T

8

8

8

2

l i

a

r

T

n

o

t

s

e i

r u M

9

6

2

5

1

8 2

8

0 4 2

1

1

4 1

Ordnance Survey

E

R

A

U

Q

S

N l

6 i

a

O

8 r

T

T

n

K

o

t

s

N

e

i

r A

u

B M

9

l

i

a

r

T

n

o

t

s

e i

r

u

M 5 8 4

9

E IV R 1 D T R E B

R A 2 T

14

52

Y

E

L

L

A

V

N

O

T

S

E I

R

U E M IV R D S E H T E O 1 R R 4 A U

Q

S 5 2 N O T 3 IL 1 M A H 1 5 3

Site Area : 2.4 Hectares (6.0 Acres)

2

0

2

4

Y

A 1 SM

7 1

W

N

O

T SM

K

N

A B Issues

1 8 Health Centre

4

8

3

7 3

1 2 0

Crown copyright and database right 2012. All rights reserved. copyright Crown

2

2

2 3

27

40 28

2

6 26

2

6

3 4

0

6

D

3 8

A

O

R

E 9 7

N

O

T

S

R

E

D

L

A

7 7 1

E

U 4 5 N VE 2

5 N A KTO 2 BAN

22

1

2

1

E

V

I

R

D

N

O

T

S

I

R

O

M

0

4 5

1

4

6

0

5

4

6 1

4 3

6

1

1

7

9 1 2

2 1 6 Issues

1 5

7

3

E

U

N 1

3 E

V

A

N

O

T

K

N

A

B

2

1

S

N

E

D

5 R

9 A

G

Proposed TPO : Murieston Valley (North), Livingston. Proposed TPO : Murieston Valley N Reproduced by permission of Ordnance Survey on behalf of HMSO. © permission of Ordnance Survey Reproduced by

1 Licence number 100037194.

A 7

G

E

V

4

N

2

U

4

D 3

1

8 3

6 3

1 9

2

2

7

4

0 1

8

9 1 Lay-by 2

Lay-by 0

6 4

4

4

23

7 2

5

S

N

E

D

R

A

G

N

A

G

E

V

N U D

S N E D

R 6 24 A 9 G L L

E y R a

R

I w 28

B b u

S

2 7

P1A-O1

4.

3.

2.

Tree

doso.

1.

The

275(8)

4.1.

Exemptions

destruction

(b)

(a) with,

Subject

Prohibited

2.3.

2.2.The

2.1.

Protected

1.2.

CItation,

1.1.

14812028/377512

West

Preservation

to

4.1

4.1

4.1

to

4.1

4.1.1

Nothing

of

Where

A

This

In

the

in

or

and

“protected

“the

(Scotland)

“the

2013,

and

cut

protected

cause

the

.5.the

.4.the

.3.the

.2.the

this

Schedule

in

Lothian

to

specification

.the

position

otherwise

Commissioners

100 75

planning down,

Commissioners

in

Order

Act” takes

a

1992

cmmencement

Town

the

Order-

Trees

of,

Acts as

any

woodland

accordance

in

millimetres;

cutting

cutting

cutting

cutting

cutting

or

millimetres

The

means

article from

a

provisions

effect

tree”

Order”

top,

ambiguity Council

Order

may

tree

protected

permit

and

and

of

I

authority

West

and

under

The

the

such

down,

down,

lop,

down

down,

down

is

3

has

be Country

Revocation

in

the

and

specified

1992;

is

a

means

on

date

the

Schedule

with,

Town

(in

cited

uproot,

Lothian

where

tree

to

on

trees, the

their

of Town

under

tree.

as revokes

or the

uprooting,

uprooting,

of

when

uprooting,

prevent-

this

cutting

and

the

Murieston

land

of

the

meaning

uprooting

to specified

a

Planning

as

map

management

the

arid

its

that

this

tree and

the

groups

Act

wilfully

the

Order

interpretation

consent

The

placed

this

Order

Council

execution.

1

Town

in

annexed

down,

Forestry

is

to Country

Schedule.

and

Country

identification

in

full

topping

topping

is

done West

topping

this

given

accordance

in

referred

damage

(Scotland)

of

in

done Valley

in

the

at

The

Schedule and

of

a

trees

Order,

Tree

topping,

exercise

their

to

the

woodland Lothian

exemptions

or

Act

in Planning

to

Planning

West

or

or

by

Country

improve

or

article

supeivision;

(North),

this

planning

or

or to Preservation

c:osal

lopping

lopping

or

1967;

lopping

the

of

Act

wilfully

woodlands

as

with

Lothian

Order.

with

1

lopping,

Council

a

of

map to

2

(Scotland)

“the

protected

of

the

1997

Planning

the

(Scotland)

the

this

Livingston

of

of

a

specified

authority-

in

a

of

destroy;

felling

is

growth

a

a

planning

powers

tree consent

Council

pursuance

Order

a

tree

tree

Tree and

to

uprooting,

tree

Order

is

prevail.

having

(General

tree

identified

Act

having

all

by,

licence

of

Preservation

in

or

or

on

Act

conferred

Tree

of

other

other

authority”)

or

article

1997;

comprised

(No.

arises

that land

of

1997

on

a

or

a

Preservation

the

granted

diameter

diameter

powers

trees; Permitted

3)

behalf in

wilful

authority;

in

4,

between

2013

Forestry the

the

by

no

Order

make

in

damage

manner

Sections

of,

person

by

occupation

enabling

a

not

not

The

group

The

Development)

the

Act

(No.

Order

the

exceeding

exceeding

is

Forestry

map

indicated

Forestry

1967

or

following

160

of

3)

them Page

except

(No.1)

wilful

trees

of

2013

and

or

and

1

a to

PLA-O1t4812028/377512

7.

6.

5.

7.1

Compensation

6.2.

6.1. Adaption

5.3.

5.2.Where

5.1.

Directions

.

(a)

Subject

The

The

Any

incurred

Where

of

specified

Order

4.1.10.

of

4.1

(a) 4.1

(d)

(c)

(b) 4.1

with

(a)

(pursuant which

which

of

4.1

any

Schedule

Part

any

.9.the

the .8.the

the

.7.the

protective

provisions number

species;

provisions

.6.the

direction

the

and

the

to

(whether

application

outline

enable

fruit

production

business

the

statutory

refusal

authority

provided

and

and

erection

that

preparations consent

to as

a

part

I

the

enable

in

to

in

direction.

in

1992

in

cutting

direction

pruning,

cutting

of

statutory

Modification

paragraphs

to

to

cutting

consequence

in

the

the

connection

column

enable

permission

cutting cables

of

part

applications

2

of

Schedule

given

the

replanting

a

the

of

measures

to

planning

trees

referred

of

interests

time Order. for

a

or

person

undertaker,

as

and

SEPA

is

consent

that

this

consent),

of

of

woodland

the

down,

down,

under

course

trade;

the

granted

down,

in

soon

under or

down,

undertaker

is

fruit;

2

within

the

the

per

maintenance

of

Order.

Town

accordance

of notice

other

given

purposes

7.2

to

ground,

to

to

2

is

with

of

woodland

of hectare; topping,

Part

Part

topping,

as

permission

against

statutory

of

required

to

for

paragraph

of

carry granted topping,

in

topping,

carry

which

the

to

the

the

under

and

practicable

apparatus

area,

where

this

paragraph

a

under

the

in

I

3

such

7.5,

safe

owner

of

and

Act

business

draining, or

out

writing

Country

out

of

fire.

the

Order

lopping

lopping

inspection,

that

this

the

with

under

of

by

Section

any

undertaker

lopping

Part

is

the lopping

the

operation

paragraph

development

consent,

works

fencing

owner

5.1

the

or

of

situated

planning

Schedule.

Order

of

good

work

person

after

land

6.1,

are 3

of

that

this

may

Planning

removal

the

or

1992

planning

or

or

of

or to

the

242A

must

or

to

as

the

tradehere

uprooting uprolpg

on

the

Order;

for horticultural

necessary

land

is

statutory

include

uprooting repair

of

implement

subject

a

Order,

have

who

so necessary- uprooting

to

authority

5.1

prqposed

which

Act

the

the

oprations

direction

replant

of

of

must

for

(Scotland)

adapted

carry

and

permission

or

or

the

felling

undertaking;

brushwood,

has

or

effect,

requirements

which

undertaker;

the

otherwise);

to of of

replant

for

of

renewal

Act,

trees

trees

may

out

suffered

a

practice,

a

a

such

of

the

operations

a

tree

in

the

in

and

planning

tree

tree

become

in

planning

tree

or

a

Act

writing

development

the

give

adaptations

on

on

relation

protection trees

is

tree

work

modified,

deemed

where cultivated

in

lop

by,

of

1997

course

that

situated

the

loss

or

or

of

to

as

principle) any

and

or

necessary

on by

permission

specifying

any

the is

permission

land.

is

to-

relevant

to

mentioned

at

or

that

the

or

in

top;

sewers,

to

given

of

of

owner

tree

are

the

consents

damage

is

for

the

at

and

land

forestry

for

have

the

work

operational

and

request

set

the

cultivated

the

granted

interests

to

land

replanting;

which

the

of

in

(other

modifications

out

been

is

is

mains,

production

in

the

accordance request

the

caused

under

granted

required

operations

manner

column

are

in

of,

planning

planning

land

than

granted

Page

Part

on

for

of

land

SEPA

felled

pipes,

this

of

that

dr

the

on

2

2

an an

by

I

in

to

of

of a

PLA-0114812028/377512

2013

Given

7.6.

7.5.

7.4.

7.3.

7.2.A

under

In

No

and, No

“development

The

required

(d)

take

damage.

was

(c)

(b) is

(b)

(a)

otherwise

authority,

(b)

(a)

a

this

claim

notice

entitled

compensation

for

claim

for any

for

for

from

where

the

time

in granted

reasonable

article-

costs

loss

relation

loss

loss

grant

for

seal

under

the

within

in

may

from

have an

to

writing

compensation

of

or

or

incurred

date

subject

of

of

appeal

recover

value”

development

be

damage

to

this

damage

the

which

any

been

the

steps

any

shall

of

made

stating

date

Order

such

West

the

to

means

has

made

in

land,

any

from

to

be

conditions;

which

appealing

of

decision

reasonably

under

avert

consent

been

or

the

such

payable

under

Lothian

the

the

value

is

the

an

the

grounds

less

was

decision

the

development

made

this

increase

notice

grant

planning

this

of

or

subject

to

to

loss

Council,

tl

not

the

1cle

foreseeable

other

Order

a

the

to

of

shall

of

person-

reasonably

or

of

planning

£1,000.

Scottish

any

in

the

Scottish

to

damage

Scottish

diminution

authority

if

value

be

shall

at

conditions,

of

such

claim

the

given

Livingston

it

authority;

Ministers

amount

be

shall

attributable

by

Ministers

consent

Ministers and

or

foreseeable

compensation

made

that

Is

in

to

include

a

the

the

mitigate

period

person

in

this

or

against

by

subject

amount

value

against

respect

on

to

serving

the

Twenty

the

the

when

of

its

and

of

clearing

six

the

to

claimed.

in

prospect

appeal.

the

extent;

the

of

conditions.

on

months

attributable

consent

respect

decision

eighth

which

refusal

land;

Authorised

the

of

or

of

planning

it.

-

day

the

of

was

of

development;

of

any

such

the

to

claim

of

Signatory refused

failure

October

consent

planning

authority.

Page

loss

would

3

to

or

or r

delineated

Trees

standing

Trees

Article

Description

(of

Specified

2

THIS

within

whatever

in

red

IS

the

by

THE

on

area

species)

Reference

the

SCHEDULE

map

to

PRESERVATION

the

Scotland

All

number

Sftution

an

REFERRED

id

Area

subjects

M1D129134

SCHEDULE

Whole

(within

under

registered

TO

a

the

title

ORDER

continuous

IN

subjects

number

PART

THE

in

(NO.3)2013

the

WEST

I

red

M1D129516

(I)

Land

line

registered

LOTHIAN

Register on

the

and

map)

in

COUNCIL

of

(ii)

the

Scotland

part

Land

and

TREE

Register

under

portion

Page

title

4

of of

PLA-01148120281377512

I

applications:

considerations) Section

applications

Section ADAPTATIONS

PROVISIONS

PART

Provision

(Scotland)

Country

I

37

36

(determination

(Registers

of

etc.)

general

the

Planning

OF

Act

OR

Town

THE

1997

MODIFICATIONS

of

TOWN

and 44

.

of

felling

requiring

woodland

(1

secure

unless

shall

“(IA)

the

(b)

words

(g)

(f)

(IB)”;

(e)

“consent

(d)

(a)

(c)

consequence

Ministers; the

of

(b)

of

(a)

“(I)

For

AND

B)

for

Scottish

all

After

after

for for

any

consent

In

information

information

planning

Where

subsections

The

grant

Where

applications

of

subsection

“planning

appear

“sections

COUNTRY

they

“planning

the

directions

“think

trees

subsection

replacement

planning

under

character

and

consent

SCHEDULE

maintenance

Ministers

are

the

or

an

authority

substitute

in

of

fit”,

requiring

satisfied

authority as

as

a

application

permission”

27B(2)

a

permission”

the

(1)to

(1):

tree

as

for

authority

woodland

insert,

to

to

PLANNING

so

of

(1)

decisions

to

any

thereon,

the

consent

where

Adaptation

far preservation

thereon,

the

(3)

insert:

the

PART

and

the

of

that

“consent

grant

nature

“(including

appeal

as

area.

substitute:

the

replanting

relates

shall

replacement

59(1

in

accords

area

such

the

where

any

under

2

consent

of

special

both

(SCOTLAND)

of

granting

to

)(b)

in

the

they

under

compensation

or

such

to

Scottish relation

order”;

of

those

conditions

this

substitute

planning

with

an

Modification

of

the

character

shall

for

applications,

the

woodlands.”

area

Order,

of

of

the

words

other

the

to

trees)”;

consent

not Ministers

order”;

ACT

of

practice

this

authority

limiting

“subsections

impose

containing:

places

woodland,

of

first

awarded

Order

1997

the

and

would

appear;”

the

and

of

woodland

the

where

or

conditions

APPLIED

keep

good

decisions

the

Scottish

in

duration

fail the

(IA)

those decisions

a

substitute

forestry,

to

authority

register

or

Page

and

WITH

of

of

the 5

PLA-Ol

decisions)

and

against

Section

permission)

Section

failure

14812028/377512

planning

47

44

to

(rIght

(effect

take

to

decisions

of

such

appeal

planning

I

(b) the was

authority),

any the

(d)

required

application

such

(c)

grant

authority

(b)

(a)

“(I)

(a)

(e)

relates

(d) (b)

to

(c)

(a)

(b)

imposed

“(a) (d) felling

(c)

directions

‘consent

Omit

give

have

applicant refuse

refuse

for

period Omit

for

For

after

Omit

references any

time

In

Where

received

consent

an

it

subsection

‘to

‘the

is

subject

subsection

are

a

consent,

subsections

order;

not by

‘land’

be

subsections

required

subsections

carried

on

direction develop

an

of an

for

for

permission’

situated’.

a

such

agreed required

given

the

2

may

under

application

application

by

planning

securing

any

insert

months

to

to

the

grant

out

a

agreement

‘planning

conditions;

by (4)

by

land’

notice

consent,

direction;

under

(I)

upon

a

authority

‘on

by

notice in

(IA), a

for

tree

(2)

(2)

of

substitute:

authority:

condition

beginning

the

substitute

replanting).”.

substitute

a

which

for paragraphs

for

such

and

of

in

a

and

tree

preservation

(2)

course

tree

permission’

appeal

writing

their

agreement

any

consent

or

or

(3).

(or

(3);

and

preservation

consent,”

the

approval

preservation

consent,

imposed

decision

within

with

‘the

and

‘to

(4).

of

tree

between

to

under

(a)

forestry

carry

the

the

consent’;

or

such

order;

or

are

to(c)

required

Scottish

agreement

on

date

trees

on approval

out

a

to

order;

the

extended

such

order,

a

tree

operations

or

be

substitute-

works’;

on

grant

to

applicant

treated

preservation

which

by

which

Ministers”.

an

of

or

of

a

or

application

that

refuse and

condition

period

consent

approval

the

the

(but

as

and

authority

references

application

consent

an

may

as

the

order

under

may

within

of

Page

give

that

or

at 6

PLA-Ol

The

36.

Section

I

Section

appeals)

Section

PROVISIONS

of

this

(1)

following

14812028/377512

3.

Schedule,

2. The

1.

48

47A

36

consent

(determination

planning

authority

any

thereon, thereon,

information

information

provisions

OF

under

directions

apply

THE

authority

or

any

this

TOWN

in

of

Scottish

as

as

of

relation

the

compensation

Order,

as

to to

,

(b)

(ii) (I)

Town preservation

to Part

(a)

any

authority an

“(5)

the

(d) (b) the

(a)

mentioned served

“(3)

beginning (c)

the

AND

shall

for

the

for

Ministers;

appeal

Omit

In

an

For paragraph

For

to

containing:

decision

grounds

appeal

Any

nature

For

I

of

“sections subsection

AND

consents,

replanting and “planning

COUNTRY

appeal

in

subsection

on

subsection

the

Schedule

subsections

appeal

decided

relation

with,

made

Country the

in

of

awarded

to MODIFIED

purposes

on

notice

order”.

and

that

under

such

Scottish

Scottish

(d)

33,

which

in

under

PART permission”

and

of

under

(5)(a):

to

of

the

to paragraph,”.

PLANNING

3”

(5)

(3)

Planning

woodlands.

37(1)

or

applications,

refuse

that

paragraphs

this

applications

in

“section

(5)(b)

case

of

the

the

substitute:

substitute:

this

Ministers

II

MinisterSwithin

subsection

BY

consequence

the

subsection,

to

Order

direction,

appeal

section

PART

the

of

and

(3),

application

Act

substitute

37(1),

an

(SCOTLAND)

application

38(1)

(6)

keep

(a)

1997,

and

ppeal

the

for /

is

I

shall

(1

to

as

made;

to

(IA)

decisions

consent, the

)(d),

the

to

(8).

of

(c)

a

the

as

“consent

a

of -,

be

(3),

made

date

decisions

register

the period

and

it

of

adapted section

-J

case

in

and

made

shall

41(1)

subsection

question.”.

ACT

decisions

(IB)”;

of

under

under:

of

such

may

of

expiry

under

be

in

of

the

48(1),

and

1997,

three

and

of

writing,

assumed

and

all

this

notice

be;

Scottish

planning

(2)

a

of

modified

of applications

(I),

AS

months

tree

and;

Order.

in

the

and

the

relation

shall

specifying

the

ADAPTED

period

that

Ministers

42

authority

planning

date

by

be

Page

and

the

to

Part

of

for 7

PL..A-O1

47.

Section

Section

44.

37.

Section

(I)

(I)

4

(I

(IA)

(1)

(4)

14812028/377512

B)

the

4.

3.

2. Where

I.

Without

signed

shall The

2.

I.

2. Where

47

1.

44(1)

Every

persons

consent

preservation

benefit

forestry

woodland

Where

consent Where

impose as 37

order

reasonable

applicant

accords

date

the

(or

have agreement

give

months

refuse

by

conditions;

refuse

be

any

such

consent

they

the

subject

unconditionally

a

on

register

of an

a

prejudice

an

within the

the

applicant

planning

operations

for

conditions

of would

duration

required

a

condition

consent,

behalf

the

may

consent,

not

character

application

direction application

the

an

an the

authority

date

may

with hours.

beginning

order

to

under

land

such

given

refuse

application

application

grant

kept

fail

time

or

of

subsections

by

on

authority:

to

the

and

of

approval

by

on

the

imposed

to

agreement

shall

(but

requiring

notice

the

a

extended

the

under

which

being of under

or

or

notice

grant

practice

secure

tree

consent

which

the

a

is

authority.

relates

the

with

subject

refusal

provisions

may consent

tree

(except

made

authority),

appeal

preservation

for

interested

for

a

area.

the

this

consent

of

of

the

on

the

tree

give

the

(IA)

replacement

preservation

period

to

any

that

of

consent

under

their

or

of

notice

to

a

to

section

date

tree

or

an

grant

maintenance

good

preservation

in

directions

to

such

approval

a

consent, of

authority

and

requinng

so

area

the

for

decision

planrithg

the

or

this

as in

on

of

of

forestry,

far

under

conditions

order;

trees

it.

(I

the

Scottish

shall

may

the

order.

which

of

consent

Part

B)

where

as

order,

required

for

felling

agreement

required

woodland,

planning

the

they

to

at

on

a

or

authority be

the

order,

as

of

securing

the

which

tree

any

unless

replacement

Ministers.

to

such

the

available

under

such

as

may

consent

any

of

application

the

time

or

by

preservation

by

they

special

trees

authority’s

the

the

an

grant

grant

refuse

for

duration,

such or they

felling

a

such

replanting).

be

consent think

condition

approval

application

authority

otherwise consent

for

in

are

agreed

character

a

consent

of

of

an

a

an

is

was

direction;

inspection

fit

woodland trees);

decision

consent

order;

satisfied

revocation

carried

application

(including

order

relates

received

of

under

shall

imposed

upon

provides)

within

under

that

of

or

or

or

out

grant

the

bears

required

are

that

in by

area

a

grant

authority

or

conditions

tree

for

writing

the

by

the

in

woodland

the

on

situated

modification

the

consent

enure

the

they

to

any

the

it

order,

the

period

preservation

public

granting

have

subject

by

course

authority

between consent,

required

shall

grant

for

and

Page

a

limiting

or

so

either

been

of

at

tree

the

the

not

all

far

to

of

8

of

2

of

all of

PL401148120281377512

48.

Section

47A

Section

(9)

(5)

(3)

(1)

(2)

(1)

(5)

(3)

Schedule

1.

and

(b)

In

On

(a)

(b)

(a)

Nothing

(a)

(b)

2.

For Any

In

1.

applied 48

If

representations

planning authority

47A

was

unless

question.

subsection

three appeal

relation

the

an

an

may

the

appeal

the

application

an

sections

that

reverse

allow

the

any

circumstances. that

that

not or

paragraph

paragraph.

an

appeal

appeal

Scottish

months

that

by

in

the

is

purposes

deal

appeal

authority. appeal

provisions

other

authority before

part

to

the

4

to

subsection

made;

or

or

its

direction,

party

under

applies

(1

an

which

under

with

matter

dismiss

under or

under

of

37(1),

)(d),

beginning

not

Ministers material

appeal

about under

vary

to

for

it

the

(d)

can

and

the

or

this

of

and

the

it

the

of section

being

any

section

consent

to

could

(IA)

of

planning

not),

shall

any

as

the

the

(1)

demonstrate-

application

such

the

their

to

paragraphs

appeal

section

to

appeals

Scottish

that

consideration.

other

the

with,

affects

propose

the

appeal,

and

the application

part

development

not

be

raised

47(1),

proposal.

47

notice

case

subsection,

under

Scottish

appellant

provision

(IB) assumed

in

authority

have

of

does

the

shall

the

any

under

Ministers

as

the

or

may

‘ to

a

shall

Scottish

shall

1

before

(a)

a

been

case

if

party

not

requirement be

reverse

tree decision

of

Ministers

it

to

be;

section

of

and

plan,

at

had

that

be

made

apply,

relate,

section

the

(c)

raised

of

this

to

preservation

the

and;

under

that

Ministers

served

an

shall been

the

of

the

or

or

date

Act.

time

of

in

with

appeal

under

subsection

477

they

vary

before

time authority

proceedings

48(1),

writing,

the or

give

section

made

on

of

any

the

including

entitlement

shall

may:

any

authority

section

expiry

the

each

made

was

that

order

decision

necessary

in

to

specifying

part

47

Scottish

decided

give

them

relation

(I),

time,

of

a

under:

of

which 47-

as

is

appeals

of

them

(whether

the

notice

consequence

to

the

in not

appealed

they the

or

have

the

modifications,

to

Ministers

to

date

the

falls

to

period

an

decision

refuse

an

of

apply first

raise

under

opportunity regard

grounds

of

the

their

to

appeal

instance.

the

against

be mentioned

appeal

any

within

the

in

that

of

intention

of

to-

determined decision

relation

application

matter

on

the

in

made

exceptional

section

a

was

of

relation

relates

which

planning

period

making

in

Page

to

to

notice

which

under

made

that

the

the

as an

by

to

to

of

9 in Proposed TPO: Murieston Valley (North), Livingston.

Reproduced by West Lothi a H permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2012. All rights reserved. Ordnance Survey Licence number 100037194. 1:2500 Peter existing are protection of Re I many keeping and providing Courier 15 I Murieston Dear 11 th do am birds years hope provide November writing Sir/Madam, Bennett wild to by local with and this a animals know we the Valley natural in my wild the have Order will West reference 2013 upmost or local located life lose seen in boarder mention. is Lothian these and Murieston approved the this support to next also local woods the between land Council. to the recent green through for develop the area future including this The railway residential providing space Tree Order. the generations Tree from Preservation Deer,

that Y1 line. ongoing Preservation an I an space have provides I open Badger, would ideal of Council lived and scrub local balance Order like such Rabbits the close Order residents. to into process local that / natural both by with what covers and to was railway commend to nature. this Foxes, beauty Without is protect advertised an now area line. area along Over an and now the such such This of attractive admired the in with land council for is areas consideration the time very approximately too to West the for in tree residential much I many have this both North Lothian line action in types seen and the of The ChiefSolicitor West LothianCouncil CivicCentre Howden South Road LIVINGSTON West Lothian EH546FF th07 November 2013

Dear SirI Madam Tree Preservation Order: t4urieston Valley

Please accept this letter as confirmationof my support of the Tree Preservation Order covering the land to the side and rear or MuriestonValley.

The reasons I would wish this area to be protected is mostly for the protection of the wildlife, also there any many people use this area for dog walking, and its an4 area where children play.

Please note that there are four adults livingat the above address and they would also liketo support the Tree Preservation Order. Their details are

Thomas Graham Scott MartinScott KevinScott I Yoursfaithfully 3 4Q/

,_e

Carol). Scott F

;“ -‘

-:L —•

t

1 *

-J

2 Z 6 - N

I

‘ ‘

r r 8 November 2013. 13 The Chief Solicitor, / West Lothian Council, Civic Centre, Howden South Road, Livingston, EH54 5FF.

Dear Sir,

I write to give support to the proposed Tree Preservation Order in Murieston Valley (North).

The enclosed area is developing woodland alotigwith a number of trees in their prime. It has been a delight watching the woodland mature over the past decade and observe the increase in wildlife, particularly birds that this has allowed.

The area outlined along with the space between Moriston Drive and Ossian Drive provides safe passage for deer. We see lots of bats at dusk. The Tree Preservation Order, if passed, will safeguard these animals and encourage the arrival of others.

My children used the area to make. “dens” and played hide and seek and other games here. It was good for them to have this area on their doorstep for recreation rather than playing inside with electronic games.

The woodland also screens the railway and the noise that the trains produce has diminished greatly during the time I have lived here.

I recently retired and as part of this exercise looked at moving house — only to realise that where I live now suits me better than anywhere else I saw. Here I remain and hopefully so will the trees.

Yours faithfully,

John Ford -t5vYwll

The Chief Solicitor The West Lothian Council S, Civic Centre ( Howden South Road 11 Livingston NOV2W3 EH54 6FF

Dear Sir

RE: Tree Preservation Order, rear of Murieston Valley

I write to you with regards the above order that I have recently been informed of.

I fully support the preservation order being granted — this area is of great importance to local wildlife, provides an area for children to play in, for adults to walk in, and acts as a buffer for the nearby trainline.

In a world that is becoming increasingly concrete, green space is vitally important. It adds to our quality of life here, and I feel very strongly that this preservation order is of huge importance to myself and other residents here in Murieston.

Thank you for considering my views.

Yours sincerely

Laura McKay Resident, 4 Moriston Drive, Murieston, EH54 9HT

(4

r.r’ ‘

1:

) .•s•.

‘I,’ cU

::‘

-

— ç*D

•_; d

e (1 ‘

;3-)

3

c 1

t

2 1

.f

d

(U ci

(j) L. p

) --K

(j

0

- ‘— J “) 0

I 3 I

d

—p, () :‘

11 -

.

;

_.) ) - ,-c -;

‘:::;

4) •.

1

d

I

-‘

y

•V’

F- (j ‘

-9

5

• .j

r ‘ d

‘-4

-

•j

•))

-

•( f 4 i

3

L 3

I

q)

n L) dcn

2

1’ -:

-

j) -I

3i

rg

_)

•1J

L

3-9

‘3 (j

q

c)i

— Jj

_)

f? 0

2

r)ç

J .j

s

0 v)

0

-) ,

I - .

C) 1

I)

.•

,.

(.

3 .) c .

.D

7

-I ;q J

C

7

-A - •1? I

i c1

- LP

Cj

,) c;

c?

L ‘I

(J

ci

:,

I1 -11

_7

-- j j

woodland

Regards, Again, the

The

that

In

28/10/2013)

I DearSir/Madam,

would

addition

valley

trees

removal

many

just

form

from

in

to

like

thanks

and

for

of

the

an

the

these

to

the

around

visual

important

highlight

railway

for

woodland

would

making

element,

the

and

my

Murieston

be

part

this

located

the

gratitude

of

the

of

great

decision noise

the

trees

4

/

on

area

appearance

detriment.

which

\,

to

Murieston

provide

as

you

is

21

very

any

this

for

OV

news

an

warmly

generates.

reinstating

and

Valley

important

that

rural

received.

(North),

relates

feel

the

barrier

of

tree

Livingston.

4.

to

the

the

preservation

to

area

separate

preservation

and

I

strongly

the

order

houses

of

(dated

believe on

p

The Yours

Order.

have

Another So

see

knowing

going

years

along

present We

We

Order

Dear

we

Roxburgh

are

them

are

mentioned

Chief

‘rambling’

sincerely

with

we

being

would

all

that

writing

reason a

have

from

year family

being

Solicitor

placed

they

like

Family

round

to

in

personally

upstairs

I

when

whom

able

are

would

to

this

inform

on

think,

safe.

and

area

the

to

making

are

like

in

sit

you

strongly

area

that

witnessed

and

my

the

to

in

that

of

our

your

you bring

home

because

original

land

feel

we

home

will

decision

to

the

enjoying

at

that

are

deeply

your

owners

it

the

trees

and

is

these

in

just

side

attention

great

3ND’

to

enjoy

consider

themselves mature

_

over

of

implement

should

and

our

support

watching

my

rear

2

is

and

home

be

all

)

fence

that

of

protected.

of

and

this

of

grow

Murieston

our

and

the

the

a

I

can

Tree

I

Tree

children over

above

get

wildlife,

over

hear

Preservation

contentment

Valley.

Preservation

these

the

which

them

enjoying

which

last

years

and

we

15 is

Katie

Order I

Dog

fun

I

important

tailed There

species

foxes,

the

I

relatively I

Valley

I

no:

Dear

12

hope

think

am

live

have

in

November

trees

walkers

The

Parsons

writing

granted. in

Sir/Madam

tit

outdoor

are

my bats

also

(North),

been

that

the

West

and

and

little

to

lots

comments

and

for

area

would use

in

let

informed

chaffinch

(Mrs)

space

Lothian

of

space,

2013

children in

favour

Livingston.

deer

them

the

trees

and

or

also

around

are

space,

have

can

think

such

see

Council

of

that

to

in

it

miss

protected.

this

the

name

be

is

wildlife

all

as

there

that

robin,

the

a

considered

this

area

being

been

great

building

Tree

a

area

this

is

space

few.

in

woodpecker,

which

seen,

Preservation

granted

a

play

it’s

green

in

Tree

dens.

question

to

natural

and

area

provide

along

use

Presevation space

ultimately

which

and

as

of

habitat

sparrow,

Order

and

valuable

is

an

course

this

so

I

outdoor

I

.;

believe

(No.

important.

outdoor

think

Order

the and

blue

with

habitat

3)

Tree

also

it

amenity.

being

2013

I

tit,

the

is

can

space

experience

Preservation

very

great

for

various

There

Murieston

do.

considered

wildlife,

is

important

tit,

so

I

is

bird

long the —

Many

trees

Thank

beautiful I

Bellquary

As

the My

area.

I Dear

Courier.

would

am

mentioned

3.

2.

following

1.

family

for

writing

Sir/Madam,

regards,

So

you

terms them

walkabout. blue/green

within

This

provides

Over has

reasons

The

strongly

many

trees.

therefore

This

Primary

for

and

a

land

land

the

and to

prefect

of

reasons

above,

the

Tree

your

years

myself

why

you

walking

numbers

sufficient

ask

is

there

is

area

tit,

we

SchooL

part

Preservation

surrounded

time

regarding

Murieston

to

balance

you

my

wood

below:

would

is

such

are

come.

of

reading

and

more

to

4

of

green

based

outdoor

years

Please

consider

pecker,

as

months

of

exploring.

like

about

badgers,

wildlife

area

by

green

sjace

Order

this.

from

old

this

families

see

space

robin

stands

a

living

this

son

land

letter

Any Tree

the

Moriston

and

is

We

vole,

Even

and

(Xavier

for

based

and

attached

populated

yet

contains

here,

out

further

Preservation

and

encouraging

everyone

implement

red

kestrel

1

my

to

RECE

more

young

on

B

Drive

we

see.

squirrels,

Raflq)

NOV

son

questions,

the

drawing

of

have

than

with

etc.

is

children

and area

especially

100

is

Order

enjoying

a

full

witnessed

any

The

Tree

streets

currently

currently

bats

or

of

of

support

please

more

other

land

land

my

which

who

Preservation

and

children

and

spotting

son’s

to

/

provides

places

quality

many

and

do

are

attending

enjoying

for

was

numbers the

not

enjoying

vision

fed

the

side

to

beautiful advertised

EH54

Livingston

Howden

Civic

The

The

across

wild

hesitate

trees.

ll

many

Tree

Order

enjoy.

a

the

and

to

November

prefect

of

West

of

Chief

animals

Centre,

his

6FF

the

Preservation

West

the

houses. family

it

rear

type

to

to

South

range

is

nursery

Lothian

benefits

in

land

Solicitor

the

contact

natural

one

of

Lothian.

of

the

during

life

protect

Murieston

2013

of

wild

Road,

surrounded

This

of

West

class

birds;

in

Council,

the

of

habitat

us.

Order

animals

balance

our

Murieston

as

the

the

many

Lothian

at

the

land

Valley.

quality

with

for

with

area in 13

I

*

Our Ref: RDK13023 Your ref:

24 th May 2013

Carol Johnston Chief Solicitor The West Lothian Council Civic Centre Howden Road South Livingston Email: EH54 6FF [email protected]

Dear Ms Johnston,

WEST LOTHIAN COUNCIL TREE PRESERVATION ORDER (NO. 1) 2013 (TPO) MURIESTON VALLEY (NORTH) LIVINGSTON

Houghton Planning is instructed by RK Property Ltd (Dr Rehana Karim) to object to the above TPO as drafted and in as much as it relates to land in their control. This land is identified on the attached Location Plan, which was submitted with their recent planning application, and which is currently before the Council’s Local Review Body for review of the officer’s decision to refuse planning permission (Application No. 0020/P/13).

RK Property Ltd is aware that a planning authority is at liberty to make a TPO if it appears to them to be expedient to do so in the interests of amenity and/or that the trees or groups of trees are of cultural or historical significance. Furthermore, they accept that there are trees on their land, as identified in the Tree Survey prepared on their behalf by Donald Roger for the purposes of their planning application (copy attached), that are worthy of protection. However, in this case is it considered that the Order is too wide ranging by seeking to protect all trees of whatever species and whatever size. Instead, it is suggested that the Council should re-draft the Order and issue one that is specimen and species specific. This would achieve the purpose of protecting those trees that have amenity importance without also taking in those that should be felled, are diseased, or are of little amenity or landscape value.

Reference to the Tree Survey will show that the land in the ownership of RK Property Ltd supports a population of scattered mature trees. These are in variable condition and include a proportion that are clearly in poor and declining health and display a range of serious defects and problems. These trees have limited life expectancy and would normally be removed in the course of normal management operations for reasons of safety and good tree husbandry. It is inappropriate to include these in the Order and, as such, they should be excluded. Only mature trees which are in satisfactory health and condition should be specifically identified and included in the Order and these are clearly identified in the Tree Survey.

It will also be noted that large parts of the site are covered in relatively young and small regenerating tree and scrub growth. These have negligible landscape and amenity value and, as such, should also be excluded from the TPO.

Houghton Planning Ltd 102 High Street, Dunblane, Stirling, FK15 0ER Company No. SC433297 Tel: 01786 825575

For the above reasons it is respectfully requested that the Order be re-drafted and that a full and proper assessment of the tree cover on the site carried out by the Council to provide a more detailed, specific and considered TPO plan and First Schedule.

It is also noted that the TPO plan does not include land immediately north of Murieston Valley/Teviot Drive, which is understood to be in the ownership of the Council and has been promoted for development as part of the West Lothian Local Development consultation process. RK Property Ltd would request that the Council explain why areas that it owns, and which also contain mature trees along the line of the railway, are not included in the TPO.

RK Property Ltd look forward to receiving a response from the Council to the above matters prior to the Order being confirmed and are willing to discuss these matters further at a meeting, if that would help. Equally, RK Property Ltd would be willing to arrange a site meeting between Donald Roger and a representative of the Council at which his thoughts on individual trees can be expressed, including those trees that should be immediately felled and those that have a limited live expectancy, are subject to decline and disease, or are of limited amenity value.

It will hopefully be appreciated that the aim of RK Property Ltd is not to prevent the Council from making a TPO, but only that this should be of a form, and of an area, that is appropriate and understands the reality of what is on site and worthy of protection.

We look forward to hearing from you in due course, but in the meantime please contact Paul Houghton at [email protected], or call him on 01786 825575 or 07780 117708, if you require any further information or clarification.

Yours sincerely

Houghton Planning

Houghton Planning Ltd 102 High Street, Dunblane, Stirling, FK15 0ER Company No. SC433297 Tel: 01786 825575

Euan FS Pearson Pearson Planning, Carol Johnston Chartered Surveyors Chief Solicitor PO Box 28606 Legal Services Edinburgh West Lothian Council EH4 9BQ Civic Centre Howden South Road Telephone: 0131 336 1974 Livingston 07879Mobile 421: 19307879 421193 EH54 6FF

[email protected]

Your ref: JMM/PLA-012028 1st November 2013 Our ref: EFP/Carson

Dear Carol

Section 160 of Town & Country Planning (Scotland) Act, as amended. Proposed Tree Preservation Order (No.3) 2013 Murieston Valley (North), Livingston EH54 9GZ

West Lothian Council has notified my client, TH Carson, under Regulation 4(1[d]) of the above Order. This Order replaced the previous No.1 Order, revoked on October 29th.

TH Carson objects to the Order, as proposed. The Council must consider this representation before deciding to confirm (or not) the Order.

My client owns the land between the public road verge and the boundary fence of adjacent railway land, on the north side of Murieston Valley. The western and eastern boundaries are directly opposite the houses at Nos. 38 & 76.

My client’s land (“the Carson Land”) is not covered with woodland. There are individual trees (some in small groups) spread across an area of grassland, populated with shrubs and bushes. There is a burn (opposite No.1 Rothes Drive) with an open culvert. The topography varies from west to east.

The Carson Land doesn’t form part of the riparian corridor along the Murieston Water. That is a heavily wooded area.

The Carson Land is fully enclosed by fencing, and there is no evidence of regular use (informal or otherwise) by local residents. Id Est, no network of trodden paths or littering etc.

There are no public rights of access across the Carson Land. There are no Core Paths or ‘other paths’ identified in the West Lothian Draft Core Paths Plan (adopted 17th October 2013).

The West Lothian Local Plan does not identify the Carson Land (or any other land associated with the Order) as Land Safeguarded for Open Space.

Policy COM2 resists the loss of open space, trees and woodland. It is considered that had the Council wished to protect the trees on the Carson Land, it should have done so through the local plan process, allowing public consultation, and open consideration using the inquiry procedures. Indeed, as the Council has commenced preparation of the Local Development Plan, this creates an opportunity to have the Carson land redesignated.

Similarly it is not allocated as Community Woodland. If the Council considers that the Carson Land is local amenity woodland then it is for the Council to redesignate it in the upcoming Local Development Plan, and have its suggestion properly tested through open examination.

All trees are given protection by policy ENV11. That presumes against development affecting woodland & trees. Policy ENV14 states that the Council will only promote a TPO where “trees of particular merit” are “under threat”. My client sees no evidence from the Council that there are any such trees in situ, or that trees have been damaged/removed.

The Council’s Woodland Action Plan has the objective of expanding the woodland resource. However, it is not an “Action” in the Plan to protect/expand/increase woodland cover in Murieston. It is an Action to encourage private landowners to manage their woodlands. The Council has not approached my client about management. This approach should be adopted before imposition of a Tree Preservation Order.

The felling of trees greater than 70mm (7cm) diameter, totalling more than 5m3 timber requires a licence from the Forestry Commission. Protection has been given to trees since the 1967 Forestry Act.

My client considers that the Order, as drafted, is not sufficient to satisfy regulatory requirements. In its current form, it is open to legal challenge.

The Order includes a map of scale 1:2,500 (“the Order Map”). Regulation 3(1) requires the map to define “the position” of trees, groups of trees or woodlands. The Order Map simply shows a red line drawn around an expanse of land on the north side of the public road. Anyone who visits the Carson Land will clearly see that there is not a blanket of forest/woodland. The Order Map must identify where trees (individuals, groups etc) stand, in relation to unpopulated land.

Circular 1/2011 includes a Model TPO. That includes a template for Schedule 1. The template stipulates that individual trees, groups of trees, and woodland must be listed. The purpose of the Order Map is to identify the position trees, groups and woodland listed in the Schedule 1. The Schedule utilises a colouring system (green, black and red) for the Order Map.

This Order doesn’t follow the detailing required by the Model Schedule 1. A red line has simply been drawn around a large area of land on the north side of the public road. There has been no attempt made to identify how many trees are affected by the Order, or indeed catalogue the species. On making telephonic enquiries of Development Services, it was confirmed that the Council has STILL not undertaken a tree survey of the land subject to the Order.

The Council should conduct a tree survey, and amend both Schedule 1 and the Order Map. If for no other reason, I suggest that it makes the Order unenforceable. If the Council has no inventory of trees in the Order, then it will not be able to detect that a contravention of the Order has taken place (Section 167). Consequently, it will not be able to enforce replacement of any tree (Section 168).

The Council is already in receipt of an independent Tree Survey, for the area (owned by RK Property Ltd) west of the Carson Land. That identified the position of individual trees and groups of trees. There is a schedule of species included. The Council should be utilising that information to produce its own detailed Order Map and Schedule 1. I attach a copy of the Tree Survey.

Regulation 3(2) requires the Order Map to be of a scale sufficient to give a clear indication of the position of the trees etc. The Council is using a scale of 1:2,500. This makes it virtually impossible to mark individual trees or measure accurately. The Council requires applications for planning permission to be accompanied by block plans at a scale of 1:500. My client sees no practical reason why the Order cannot be accompanied by this smaller scale of map.

Section 160(1A) of the Act allows a Tree Preservation Order to be made in the “interests of amenity”. However, amenity is not defined in the Act.

Circular 1/2011 states that the Council must provide the grounds for making the TPO. The Council has made this Order on the basis that:

“The Site forms an extension to an existing area of woodland and contains a number of mature trees. Removal of the trees would be detrimental to the amenity of the area. The trees are of conservation value and contribute to the appearance and quality of the environment in the area to a significant extent. Retention of the trees is required to protect the setting of the area.”

This statement is generic, and purposely ambiguous. It could be applied to any area where the Council wishes to propose Order. It is not clearly from this why a TPO is necessary.

Notwithstanding this, in response, my client points out the following facts:

 there is no woodland to the north: (railway), south (housing) or east (open space) of the Site. There are trees on land behind Ossian Drive but these cannot be described a forming woodland, nor are they protected by TPO;

 simple inspection confirms the existence of a number of mature trees at the back of the Site, along the railway. The Council has not surveyed any of the trees. Therefore, the condition of the mature trees (or any other specimen) is unknown. Some may be diseased or dying;

 the (long) grasses, shrubbery, and trees with diameter of 75mm, also contribute to the setting of the area. These can be removed without consent of West Lothian Council;

 the trees, fundamentally, screen the railway, improving the visual amenity of people living in 20 houses on Murieston Valley. The trees are mostly deciduous and shed leaves in Autumn, leaving the railway & trains visible for much of the year;

 the Council hasn’t undertaken a Character Appraisal of Murieston. Without this the extent to which any trees make a contribution to the appearance and quality, cannot be quantified.

My client is concerned that the Council is making the Order in response to a recent application for planning permission in principle (ref: 0020/P/13) by RK Property Ltd. In February the Development Management Manager refused permission for residential development on the western part of the land affected by the Order. RK Property’s architect suggested that 6 houses could be built (see drawing attached). Application documentation included a Tree Survey.

That application is currently the subject of a notice of review and being heard by the Local Review Body. The request was continued when the LRB met. The proposal will be heard again on 27th November 2013. It appears to my client that this Order has been made as a spoiling tactic. The Council has made NO attempt to discuss my client’s objection to the previous No.1 Order.

In conclusion, my client considers that the Order is unnecessary, considering the protection given to trees by development plan policy and the Forestry Acts. There is also the opportunity to protect the land through the emerging Local Development Plan.

Setting this aside, it is inappropriate to simply draw a red line around the Carson Land, and that of the neighbouring owner RK Property. There is not a single woodland in situ but a number of individual trees and tree groups. Therefore, it is recommended that the Council conducts its own tree survey to inform a modified Order. Donald Rodger Associates has already produced a survey of the land owned by RK Property Ltd.

The Order should include a Map(s) at a smaller scale, showing the position of these trees & groups, cross-referenced to a detailed Schedule 1.

My client considers that the Order must not be confirmed until this action has been carried out.

It is understood that Cllr Johnston will require any decision on confirmation/non-confirmation of the Order by Development Management Committee. My client welcomes the opportunity to address elected members at that time. However, before that the Council should meet with my client to discuss modifications.

Please acknowledge receipt.

Yours sincerely

Euan FS Pearson MRTPI MRICS enc. MURIESTON COMMUNITY COUNCIL

Chair: Arthur Marris Secretary: Davidson McQuarrie, Tel: E-mail: Web: c

Carol Johnston Chief Solicitor West Lothian Council West Lothian Civic Centre Howden Road South Livingston

Your Ref. 0020/P/13

26th November 2013

Dear Ms Johnston,

Outline Planning Application for Erection of 6 houses on Land at Murieston Valley, beside Moriston Drive

On behalf of Murieston Community Council, I am writing to express our support for the TPO which has been applied by West Lothian Council in respect of this site.

It is clear from our engagement with the neighbourhood that this decision to create the TPO has the unequivocal support of the local community.

Yours sincerely,

Davidson McQuarrie Secretary, Murieston Community Council