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DEVELOPMENT MANAGEMENT COMMITTEE Report By DEVELOPMENT MANAGEMENT COMMITTEE Report by Development Management Manager 1 DESCRIPTION Promotion of a Tree Preservation Order (TPO) at land north of Murieston 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 West Lothian 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Valley (North) No.1 of 2013 (which covers the same area of land as the current TPO) was made on 30 April 2013 but was revoked by the current order because there was an objection to the earlier order and that objection could not be considered by committee prior to the date the order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 Scotland 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 Edinburgh 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.
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