CARDIFF COUNCIL AGENDA ITEM NO:. CYNGOR CAERDYDD PLANNING COMMITTEE: 9 February 2011 Report of the Strategic Planning and Development Manager Title: Tree Preservation Order Review 2010/11 1. Purpose of Report 1.1 This report seeks formal confirmation of provisional City and County of Cardiff Tree Preservation Orders (TPOs) served as part of the ongoing review of TPOs in Cardiff. All are located in Lakeside and Cyncoed village, in the ward of Cyncoed (refer to Appendix A). This report also seeks formal confirmation of two Variation Orders in relation to the protection of additional trees within orders previously confirmed. One of these is located in Lakeside in the ward of Cyncoed, the other is situated in Leckwith in the ward of Grangetown. 1.2 All of the Orders, including the two Variation Orders, were served in November 2010 and will lapse if not confirmed within six months of the date of service. The Council may choose to confirm each Order as it stands, confirm it in a modified form, revoke it, or allow it to lapse. Modifications may include corrections to the scheduled information and plan, or the removal of specific trees from the confirmed Order. 1.3 Should Committee resolve that more trees should be protected a Variation Order will need to be made and consulted on after the original Order has been confirmed. 2. Background 2.1 The review applies a standard methodology that seeks to apply criteria for a tree’s amenity value that will be as uniform as practicable across the built up parts of the County. The reasons for making each TPO are set out in the statements of reasons attached to each new TPO. 2.2 The Orders may protect individual trees (T1 etc), groups of trees (G1 etc) and woodlands (W1 etc). Each Order relates to an easily identified and small geographical area. This replaces a situation of varied but often large Orders that commonly over-lapped but still left some areas without protection. Some Orders date back over 50 years and their plans do not match the present reality. 2.3 As each new Order has been made the relevant older Orders, or the relevant parts of older Orders, have been revoked, using delegated powers. 3. The Issues 3.1 Table 1 shows the numbers of individual trees, groups of trees and woodlands protected by each Order. It also shows the number of objections and representations made. The letters are available as supporting documents. For information, it also includes TPOs Reference 552, 554, 555, 556, 557, and 560 which received no objections, or representations relating to the inclusion of additional trees, and were therefore confirmed under delegated powers (refer to Table 2). 3.2 The letters of objection and representation have all been carefully considered. In all cases, those writing have been contacted by letter, e- mail, telephone or in person. Where specific trees were involved they have been re-assessed on site, and whenever practicable, the concerns have been discussed with the objector. The issues of the objections / representations are set out in Appendix B, together with the suggested response. 3.3 Members will note that none of the 74 trees, 1 group of trees and 1 woodland proposed for protection have attracted specific objection. Two objectors suggested including extra trees in relation to TPO 541 and 755 and these have subsequently been added by varying those Orders. Three trees needed to be removed from Orders because they had their amenity destroyed before the Orders could be served. 3.4 In addition to the above, several members of the public raised issues of property boundaries, exact location of trees and ownership changes. These require technical changes to the plans and schedules. All these are shown in the table below, amongst the Orders recommended for confirmation in modified form. 3.5 Members are asked to consider the recommendations in Table 3. The specific reasons for each Order are set out in its “Statement of Reasons” together with general issues that apply across areas covered by this part of the Review. 4. Achievability 4.1 It is within the power of a Local Planning Authority to confirm a TPO where no objections are received to the Order within the statutory 28 day period, or after consideration of any objections / representations that are received. 5. Legal Implications 5.1 The power to make a Tree Preservation Order is contained in the Town and Country Planning Act 1990 s.198. Further statutory requirements are contained in Town and Country Planning (Trees) Regulations 1999 (as amended) and further Department of the Environment Guidance. 5.2 A Tree Preservation Order must be the subject of a 28 day consultation period to allow persons interested in the land to make any objections/representations. Before confirming any Order the Local Planning Authority (LPA) must consider any objection/representation made within the 28 day period. Having considered any objection/representation received, if the LPA remain satisfied that the tree merits a Tree Preservation Order then it may confirm the Order. 5.3 The LPA will then notify the owners and occupiers of the land affected by the TPO of their decision and the date of confirmation together with the time within which a challenge may be made to the High Court and the grounds on which such a challenge may be made. 5.4 If the TPO has been confirmed subject to modifications, then a copy of the full TPO as confirmed (with modifications clearly indicated) will be sent to the owners and occupiers of the land affected with a copy being made available for inspection at the Council’s offices. 6. Financial Implications 6.1 There are no financial implications arising from this report; any costs of confirming the TPO will be met from within existing budgets. 7. The Recommendation 7.1 To note the Tree Preservation Orders confirmed under delegated powers in Table 2 pursuant to resolution P71 of the 18th November 2009. 7.2 To confirm the Tree Preservation Orders, modified where indicated in Table 3 Phil Williams Strategic Planning and Development Manager TABLE 1 The Orders and Objections Ref Name Year Trees Groups Wood- Copies Object- Representa- Trees lands served ions tions Affected by on Objection Public 552 Rannoch Drive Area, Cyncoed 2010 26 0 0 55 0 1 0 554 Carnegie Drive Area, Cyncoed 2010 10 1 0 84 0 0 0 555 Lomond Crescent Area, Cyncoed 2010 17 0 0 28 0 0 0 556 Lake View Court Area, Cyncoed 2010 8 0 0 29 0 0 0 557 Woolaston Avenue West Area, Cyncoed 2010 3 0 0 28 0 1 0 560 Brynderwen Close North Area, Cyncoed 2010 9 0 0 26 0 0 0 541 (v) Henllys Road Area, Cyncoed (variation) 2010 1 0 0 4 0 0 0 755 (v) City Gardens, Grangetown (variation) 2010 0 0 1 13 0 0 0 TOTAL 74 1 1 267 0 2 0 TABLE 2 Orders confirmed under Delegated Powers Name No of No of No of Trees Recommendation Trees Groups Woodlands Removed 552 Rannoch Drive Area, Cyncoed 26 0 0 0 Note: Delegation - confirmed as modified. 554 Carnegie Drive Area, Cyncoed 10 1 0 0 Note: Delegation - confirmed as unmodified. 555 Lomond Crescent Area, Cyncoed 17 0 0 0 Note: Delegation - confirmed as unmodified. 556 Lake View Court Area, Cyncoed 8 0 0 0 Note: Delegation - confirmed as modified. 557 Woolaston Avenue West Area, 3 0 0 0 Note: Delegation - confirmed as Cyncoed unmodified. 560 Brynderwen Close North Area, 9 0 0 0 Note: Delegation - confirmed as Cyncoed unmodified. 541 (v) Henllys Road Area, Cyncoed 1 0 0 0 Note: Delegation - confirmed as (variation) unmodified. 755 (v) City Gardens, Grangetown 0 0 1 0 Note: Delegation - confirmed as (variation) unmodified. Totals 74 1 1 0 TABLE 3 Planning Committee Recommendations by Order Name No of No of No of Trees Recommendation Trees Groups Woodlands Removed Totals 0 0 0 0 Appendix A: Plan of TPO Review Confirmations – February 2011 APPENDIX B Objections and Representations Ref Tree & Address Reason Details Recommendation 552 T13 English Oak Represent- Informed of incorrect location of tree within Specification of Trees and ation on map. Specification of Trees and map revised. 554 555 556 557 T1 Rowan Represent- Occupant does not own the property affected by the Order, updated (fastigate) ation address for Agent/Owner supplied. 31-35 Woolaston Avenue Agent/Owner contacted and records amended.. 560 541 (v) 755 (v).