Agenda item

The Committee received and considered report 83/07 of the Landscape Officer (Arboriculture) which advised that during April 2007 the Council had been contacted by Mr MacIntyre of 7 Nash Drive, Abingdon asking if he could remove some trees adjacent to his property.  The Committee was advised of an amendment to the report in that the trees were on Mr MacIntyre’s land and not adjacent to it.

The Committee was informed that the Landscape Officer had visited the site and had identified a group of Norway Maples on the grass area next to 4 Nash Drive that were easily visible from Nash Drive, Ely Close and Medlicott Drive.  In the Landscape Officer’s view the trees provided a high degree of public amenity and as the trees were under threat, a Tree Preservation Order had been issued to seek their protection.    

The Committee noted that objections to the Tree Preservation Order had been received from Mr MacIntyre of 7 Nash Drive, Abingdon details of which were set out in the report.

Further to the report the Landscape Officer (Arboriculture) reported that he maintained that the trees formed a significant visual amenity to the area.  He drew the Committee’s attention to the objections raised by Mr MacIntyre commenting that the tree were fine trees and were early mature and as such would develop into something better. He considered that they were significantly important to this area.  Finally, it was explained that the plot of land was an open space, albeit privately owned and there were others in the area where it was possible that there would be other trees in need of protection.  He asked the Committee to confirm the Order.

In response to a question raised the Committee was advised that the ownership of the land was not a material issue in considering whether to confirm a Tree Preservation Order and the test was whether the trees were of public amenity. 

The Officers commented that even if there were no trees on this area of open land, the land itself, even if privately owned, provided public amenity value.

In response to a further question raised regarding the prevention of development on open spaces of land, the Committee was advised that this was dependent on the designated of the land as open space. 

In response to a further question raised, the Committee was advised that should it confirm the Order there was an appeal process which would be explained to Mr MacIntyre outside of the meeting.

One Member commented that it appeared to him that Mr MacIntyre had purchased the land with a view to developing it for his own purpose.  It was noted that had he not contacted the Council Mr MacIntyre could have removed the trees without permission. However, as the Council was now aware that the trees were in danger of being felled it should use its powers to protect them.

One Member questioned whether it would be possible to allow the removal of some of the trees to enable Mr MacIntyre to develop the land.  In response the Officers advised that any application from him for development would be considered in the usual way.

By 15 votes to nil it was

RESOLVED

that Tree preservation Order (Abingdon) No.3 2007 be confirmed.