Blaby District Council Planning Committee Date of Meeting 6 December 2018 Title of Report Tree Preservation Order (Grounds of Kathleen Rutland Home for the Blind, Leicester Forest East) Tree Preservation Order 2018 Report Author Senior Planning Officer 1. What is this report about? 1.1 The purpose of the report is to consider whether or not to confirm the Tree Preservation Order (TPO) made on the 3 October 2018 on the areas of trees situated within the grounds of the Kathleen Rutland Home for the Blind, Leicester Forest East. 2. Recommendation(s) to Council 2.1 The Planning Committee approve the confirmation of the Amended Tree Preservation Order within the grounds of Kathleen Rutland Home for the Blind, Leicester Forest East. 2.2 That Authority be delegated to the Planning & Economic Development Group Manager to confirm the Tree Preservation Order within the grounds of Kathleen Rutland Home for the Blind, Leicester Forest East. 3. Reason for Decision(s) Recommended 3.1 Having consideration of the representations received regarding the TPO, it is considered that there are insufficient grounds not to confirm the order. The trees are considered to positively contribute to the character of the surrounding area and are considered to have local amenity value. In addition it is considered that the trees are well established and provide screening and a backdrop to the surrounding development. Furthermore, given the extent and age of the trees it is considered that they provide well established wildlife habitats and positively contribute to enhancing the biodiversity of the area and help to mitigate against harmful emissions from nearby road networks. Given the proposed future re-development of the site it is also considered that the trees are threatened or potentially threatened. 4. Matters to consider 4.1 Background A request was received by a neighbour adjoining the Kathleen Rutland Home for the Blind in Leicester Forest East, asking to impose a Tree Preservation Order on an Indian Bean Tree within the grounds of the Home. The visual amenity value of the tree as well as its age and as its positive contribution to the character of the area was highlighted. The contribution of all the trees within the site to mitigate against harmful air pollution in the area was also raised. Concerns were further raised that the Indian Bean Tree as well as the other trees within the site may be threatened given the potential re- development of the site in the future. Following a site visit and given the potential re-development of the site, it was considered necessary to impose a ‘blanket’ Order across the whole site in order to allow for the full assessment of individual trees across the site. This Order was imposed on the 3 October 2108. During the consultation period the provisional order was reassessed to ensure that only trees that merit protection were included in the Order. The TPO site forms the grounds of the Kathleen Rutland Home for the Blind in Leicester Forest East. The site measures some 4.5 acres in area and is bounded by residential properties to the north along Priory Walk, to the east along Charnwood Drive and to the south along Hinckley Road. To the west lie Saint Andrews Church, the 92nd Scout Group’s Hall and Kirby House. The site is situated within Leicester Forest East’s designated Primarily Residential Area. The site is characterised by a number of housing blocks within the site with a variety of well established trees situated within the grounds of the home and along the edges of the site. A number of prominent tree groupings are also located throughout the site. The trees were reviewed and assessed for their suitability for a TPO by the Case Officer using the Tree Evaluation Method for Preservation Orders Assessment (TEMPO) which gave the trees a score of 17 – putting them in the “Definitely merits TPO” category. The Forestry and Arboricultural Officer at Leicestershire County Council agreed with the assessment and considered the trees specified within the Order merited Protection based on their age and form as well as for their visual amenity and wildlife characteristics. Having regard to representations received and taking into consideration the trees’ amenity value, their contribution to the character of the surrounding area and the potential threat to the trees it was considered expedient to issue a temporary TPO to prevent the removal of this area of trees. 4.2 The temporary Tree Preservation Order, known as the Blaby District Council (Grounds of Kathleen Rutland Home for the Blind, Leicester Forest East) Tree Preservation Order 2018 was made under delegated powers on 3 October 2018. It specified Trees (of Whatever Species) within the area marked A1. A copy of the temporary Order and First Schedule and plan of the TPO is attached as Appendix 1. 4.3 Following a review of the site, the Order, plan and schedule were amended in conjunction with The Forestry and Arboricultural Officer at Leicestershire County Council and is now set before the Committee for your consideration. The Order before the Committee specifies trees within the grounds of the site, marked T1 – T19 and G1 – G5 on the map. A copy of the revised temporary Order, Schedule and plan of the TPO is attached as Appendix 2. 4.3 Representations Received Notification and consultation on the Tree Preservation Order was carried out from 3 October 2018 through to 1 November 2018. Two letters of representations were received based on the initial ‘blanket’ Order. One letter was received from a neighbouring resident supporting the order. One letter of objection was received from a neighbouring resident who objected to the imposition of the temporary order based on the following issues: Loss of light from a group of Leylandii Tree (G3) given their height. Potential damage to property if the trees (G3) were to fall during strong winds. The imposition of a permanent Order would prevent the future maintenance of the trees (G3). Copies of the representations are attached as Appendix 3. 4.4 Consideration of Representations Received Regard has been given to the concerns raised concerning potential damage to property and the TPO becoming a hindrance to maintenance; it is considered that these issues can be satisfactorily addressed through the formal application for consent to work to trees process. Furthermore the imposition of the Order will not alter the fact that the land is in Kathleen Rutland Home’s ownership who will remain responsible for the maintenance of the trees. With regards to issues concerning a loss of light to dwellings from tree group G3, it is acknowledged that they are particularly tall; however it is in part for this reason, as well as due their form and prominence, that they warrant protection. Furthermore due to their distance from neighbouring properties it is also considered that any loss of light to dwellings is not significant and does not outweigh their suitability for protection. Nevertheless, it is again noted that the imposition of a Tree Preservation Order does not impede any necessary works to the trees; rather it allows the District Council to have regard to the scale of any works. Given that the trees have been assessed as ‘Definitely Meriting TPO’ by both the Case Officer and the Forestry and Arboricultural Officer at Leicestershire County Council, it is the view of Officers that the Order will allow the protection of the trees and ensure that their presence is taken into consideration should any potential future development come forward. 4.4 Amended Order The initial ‘blanket’ TPO was reviewed during the consultation period and a number of trees were excluded from the Order. Various trees within the site were excluded from the Order as they were deemed not to warrant protection based on their age, size and form. The remaining trees as detailed in the revised Order are considered to be of a sufficient age and have sufficient scale and form to warrant protection as they positively contribute to the character of the area thus adding to their suitability for protection. 4.5 Conclusions Having regard to the points raised by the representations received (Appendix 3) and the advice received from the Forestry and Arboricultural Officer, your Officers have balanced all other issues and considered that there is no over- riding reason not to confirm the Amended Tree Preservation Order. 5. What will it cost and are there opportunities for savings? 5.1 Not applicable. 6. What are the risks and how can they be reduced? 6.1 There are no risks. 7. Other options considered 7.1 That the Amended Tree Preservation Order not be confirmed. This option is not recommended for the reasons given in the report. 7.2 That the original Tree Preservation Order be confirmed without modification. This option is not recommended for the reasons given in this report. 8. Other significant issues 8.1 In preparing this report, the author has considered issues related to Human Rights, Legal Matters, Human Resources, Equalities, Public Health Inequalities, and Climate Local and there are no areas of concern. 9. Appendices 9.1 Appendix 1 – Plan and First Schedule of the Temporary TPO 9.2 Appendix 2 – Plan and First Schedule of the recommended modified TPO 9.3 Appendix 3 – Representations received Neighbour Representations 10. Report author’s contact details Charles Ebden Senior Planning Officer [email protected] 0116 272 7691 .