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Tree Preservation Order No.178 St Mary’S College, Cranbrook Avenue (North of Inglemire Lane)

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Tree Preservation Order No.178 St Mary’S College, Cranbrook Avenue (North of Inglemire Lane) COMMITTEE Tree Preservation Order No.178 St Mary’s College, Cranbrook Avenue (north of Inglemire Lane) Summary: Confirmation of area Tree Preservation Order. Objection submitted. Recommend that the TPO is confirmed. Site: The site is located on the north side of Inglemire Lane, within the St Mary’s College grounds. The site includes an area of urban greenspace containing a number of mature trees (urban greenspace no.147 in the Local Plan). Summary / Background: Planning application 24980M (St Mary’s College, Cranbrook Avenue) proposes the erection of 3 storey school building within the area covered by this TPO. Planning application 24980M is recommended for approval (see appraisal report for application 24980M). Planning History: None relevant. Representations: A letter objecting to the confirmation of this Tree Preservation Order has been submitted by the head teacher of St Mary’s College, raising the following: - The planning application (24980M) tree survey categorises only 2 of the 31 trees as having high quality amenity value, and 4 of the trees on the Inglemire Lane frontage are being retained. It is contended that the majority of trees should not merit protection under an Order. - It would not be expedient to make the Order, as the screening effect of the existing trees could be achieved through replacement planting. - This Order could introduce a risk factor in the planning of the proposed new school building at St Mary’s College. The Local Planning Authority’s aims could be met by imposing a relevant condition upon any planning approval at the site. HCC Urban Forestry officers have indicated that a TPO should be imposed. Policy/Guidance: Tree Preservation Orders: A Guide to the Law and Good Practice (DCLG / 2006). Tree Preservation Orders: A Guide to the Law and Good Practice - Addendum (DCLG / 2009). Circular 36/78 - ‘Trees and Forestry’. NE18 - (a) Protect trees of significant amenity value, (b) Make TPOs. Appraisal: The trees covered by this area Tree Preservation Order include Sycamore trees, Silver Birches, Golden Weeping Willows (2), Maples, Elders, Laburnum, Poplars, and others, and there are also copses of trees comprising Ash trees, Rowans, Elders, & Elms. It is considered that these existing trees contribute to the character and appearance of the local area. Given the identified value of these trees, and by virtue of the potential of the proposals within planning application 24980M to affect the natural environment, it has been considered appropriate to offer the group of trees statutory protection under an area Tree Preservation Order . It is considered that a TPO would reflect the value of the collective of trees in a group context (this TPO would not involve the mature trees located within the highways verge adjacent to the St Mary’s College boundary - which would not be affected by planning application 24980M). The trees are a highly visible feature of the locality and have amenity value. Collectively, the trees create a naturalistic semi-woodland amenity, and the foliage of the trees forms a ‘green screen’ on the north side of Inglemire Lane. This TPO is in effect, but will require confirmation by Planning Committee (a matter that should be addressed prior to the determination of the planning application). The planning application (24980M) for development at the St Mary’s College site - within the area of trees/urban greenspace - is clearly relevant in the confirmation of this TPO. The planning appraisal for the planning application (to be determined following these TPO matters) addresses the acceptability of the overall development proposals (including replacement tree planting using extra heavy standard trees, tree retentions, etc) and therefore leads to a recommendation for approval . The recommendation for approval (with conditions) may appear contrary to the intention to impose a TPO in this area. However, there is a rationale for imposing a TPO under these circumstances - Where an area TPO is in effect (& confirmed) this would, clearly, be a significant material consideration in the determination of the planning application (although this would not necessarily prevent a development being potentially approved in such an area if planning policies or/and other material considerations indicate acceptability). One of the primary reasons for imposing this TPO is to ensure that any proposed new & replacement trees within this area must be of an acceptably high standard. Replacements for trees under a TPO should, essentially, be ‘like for like’. Also, importantly, if planning application 24980M were to be approved, the new trees within the development would be afforded protection under this area TPO (and they could not be worked upon or removed without planning consent) (this protection would be more stringent than that afforded under a planning condition, and better reflects the importance of trees within this area). Therefore, whilst it should be borne in mind that confirmation of this TPO would not necessarily prevent any development occurring at the site (if it was appropriately justified), it is considered that there is value in imposing the area TPO, as outlined above. Conclusion: By virtue of the amenity value of the indicated trees, and by virtue of the potential diminishment of the amenity value of trees at this site, it is recommended that Tree Preservation Order No.178 at St Mary’s College, Cranbrook Avenue (within land to the north of Inglemire Lane) should be confirmed. Recommendation: Recommend that the Tree Preservation Order be confirmed. - .
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