Agenda Item No: 5. Date: 12th May 2009 Corporate Report Format To the Chair and Members of the Planning Committee THE DONCASTER BOROUGH COUNCIL TREE PRESERVATION ORDER (NO.302) TICKHILL WEST 2009 EXECUTIVE SUMMARY 1. Central Government guidance advises Local Planning Authority’s to keep their Tree Preservation Orders (TPOs) under review. Doncaster Council administers twenty-four TPOs that were made under the West Riding County Council (pre-1974) and is in the process of reviewing these. 2. The Tickhill Urban District Council Tree Preservation Order (No.1) Tickhill 1962 has now been reviewed and the Doncaster Borough Council Tree Preservation Order (No.302) Tickhill West 2009 has been made to replace part of it. 3. One letter of objection has been received in response to making this TPO and Tickhill Town Council have made representations. One letter of support for making the TPO has also been received. 4. Members are required to give due consideration to the objection and representations made in respect of this order when reaching their decision. RECOMMENDATIONS 5. That members confirm the tree preservation order without modification. BACKGROUND 6. In accordance with central Government guidance Local Planning Authority’s are advised to keep their Tree Preservation Orders (TPOs) under review by making use of their powers to vary and revoke TPOs (Tree Preservation Orders: a guide to the law and good practice, paragraph 4.2; Department for Communities and Local Government). 7. Doncaster Council administers twenty-four TPOs that were made under the West Riding County Council (pre-1974) and many of these are considered to be inaccurate and/or unenforceable due to the loss of trees and changes in legislation and land use since they were made. In addition, a lot of trees in Tickhill stand in ‘area’ designations (giving protection only to the trees that stood in the area marked at the time the TPO was made). The protection of trees in ‘areas’ is becoming increasingly difficult to enforce. The process of reviewing and replacing these TPOs was begun in 1996. A list of the pre-1974 TPOs indicating those that have been reviewed can be found at appendix A. 8. The Tickhill Urban District Council Tree Preservation Order (No.1) Tickhill 1962 has now been reviewed. To ensure that appropriate trees are protected the Council has carried out a full resurvey of Tickhill with a view to serving a number of new TPOs to replace the existing 1962 TPO. 9. The Doncaster Borough Council Tree Preservation Order (No.302) Tickhill West 2009 is the first TPO to be served using the resurvey information. The TPO was made under section 198 of the Town and Country Planning Act 1990 (as amended) and will not come into force until it is confirmed. 10. The Tickhill Urban District Council Tree Preservation Order (No.1) Tickhill 1962 will be formally revoked once all of the replacement TPOs for Tickhill have been confirmed and all outstanding business on the 1962 TPO has been resolved. It will then be of no further effect. OPTIONS CONSIDERED 11. After due consideration of the objection and representations made the Tree Preservation Order be confirmed without modification and the interested parties be notified of the decision. This is the preferred option. 12. After due consideration of the objection and representations made the Tree Preservation Order be confirmed subject to modification by the removal of T10, T30, T34 and 1x Poplar tree from G10 from the first schedule and the interested parties be notified of the decision and sent a modified copy of the TPO. 13. After due consideration of the objection and representations made the Tree Preservation Order be confirmed subject to modification by the removal of T30, T34 and 1x Poplar tree from G10 from the first schedule and the interested parties be notified of the decision and sent a modified copy of the TPO. 14. The Tree Preservation Order is not confirmed and the interested parties are notified of the decision. REASONS FOR RECOMMENDED OPTION 15. Confirmation of the Tree Preservation Order without modification will mean that the TPO will come into force immediately as it was made. 16. It is not considered that the objections made by Tickhill Town Council or by Mr Childs are substantive reasons to omit trees from the schedule for the reasons set out in paragraphs 26 and 32 (below). 17. Whilst further assessment of the trees identified by Mr Sheridan confirms that they should be removed from the schedule this was not submitted as a formal objection. It is recommended that Members confirm the TPO without modification and the Council then uses its powers to vary the TPO to remove the trees. Confirming the TPO as modified will require re-serving the TPO on all interested parties [40 properties]. Varying the Order after confirmation will require serving an amended TPO on the 3 affected properties only. This approach will represent a substantial environmental saving in paper use [26 A4 pages, 1 A2 page and 1 A3 page per TPO]. 18. If the TPO is not confirmed it will not come into effect. Those trees included on the first schedule of the Tickhill Urban District Council Tree Preservation Order (No.1) Tickhill 1962 will remain under protection, although this is becoming increasingly difficult to enforce for many of the trees. The remaining trees will not be protected. IMPACT ON THE COUNCIL’S KEY OBJECTIVES 19. Doncaster Priorities Implications of this initiative Safer, Cleaner & Greener Challenge 5 states that “through urban forestry management we will ensure that trees and hedgerows play their full part in relation to climate change, biodiversity and the general well-being of residents”. The long-term protection of important trees by TPO is a key component of managing the urban forest. Protecting The The protection of important trees is a key Environment (Cross- component of maintaining the quality of our green cutting) infrastructure and will help to protect the environment for current and future generations. This also forms a key part of our response to climate change (including addressing the risk of flooding). RISKS AND ASSUMPTIONS 20. Not applicable. LEGAL IMPLICATIONS 21. Regulation 5(1) of the Town and Country Planning (Trees) Regulations 1999 (as amended) states that “the authority shall not confirm an Order which they have made unless they have first considered any objections and representations duly made in respect of it and not withdrawn”. Members are required to give due consideration to the objection(s) made in respect of this order. FINANCIAL IMPLICATIONS 22. There are no financial implications to the recommendations of this report. CONSULTATION 23. The persons on whom the TPO was served were duly notified of the reasons for making the order along with the period allowed for objections and the form that any objections or representations should take. The objection period expired on 10th April 2009. 24. One letter of objection was received from Mr Childs of 19 Pinfold Lane, Tickhill, the owner of T10. The objection complies with Regulation 4 of the Town and Country Planning (Trees) Regulations 1999 (as amended) and must be given due consideration when Members decide whether to confirm the TPO. 25. The objection letter cited the following issues: (a) The Ash tree was planted by Mr Childs approximately 30 years ago. During this time he has pruned it, removed rotten branches and taken general care of it, including freeing branches entwined around telephone wires. Mr Childs was consequently surprised and angered to receive the TPO. As a tree lover Mr Childs is strongly opposed to the TPO and questions the right of the Council to make such an Order. (b) Should the TPO be confirmed Mr Childs would be interested to learn who will prune the tree. 26. A reply was sent to Mr Childs and his points were addressed as follows: (a) the main aim of the TPO is to protect the character and appearance of this part of Tickhill for the benefit of residents both now and in the future. The TPO is not a comment on Mr Child’s management of the tree but rather an indication of the Council’s desire to protect the amenity of the area and to recognise the invaluable role that trees play within the urban environment and beyond. (b) Maintenance of the tree stays with the owner as it would had the TPO not been made. Whilst performing a statutory function with regard to tree protection, the Council does try to work pro-actively with owners of protected trees and offers visual inspections and arboricultural advice free of charge. 27. Mr Childs wishes his objection to the TPO to stand but does not wish to address the Planning Committee. 28. One letter of support for the TPO was received from Mr Sheridan of Friary Close, Rotherham Road, Tickhill and Secretary of the Tickhill Countryside Group. Mr Sheridan he did comment that it would be inappropriate to include three trees (T30, T34 and one Poplar tree from G11) on the TPO following changes in their condition since the survey was carried out in 2008. 29. Further assessment of the trees has confirmed that they should be removed from the TPO. 30. The three Ward Members for the Torne Valley ward were notified of the making of the TPO. No representations have been received. 31. Tickhill Town Council were also notified of the making of the TPO and made the following representations: (a) The inclusion of Willow trees should be kept to a bare minimum to avoid nuisance to neighbours or the general public due to their heavy growth. T11 is cited as an example.