Agenda item

Report of the Director (Governance).

The report of the Head of Planning set out an appeal against the refusal of Estate Management Consent for the removal of a Scots pine tree located within the rear garden of this property.

The application had been refused because the removal of the tree would result in the loss of landscaping that would detrimentally harm the character and visual amenity of the area.  Insufficient justification had been provided to demonstrate why the loss of the tree was required.  Accordingly the proposal failed to maintain the character and appearance of the application site and surrounding area and was harmful to the values and amenities of the Estate Management area, contrary to Policies EM3 of the Estate Management Scheme.’ 

Policy EM3 states “Works to trees and hedgerows will only be allowed where the works would not result in the loss of landscaping which would harm the character and amenities of the area and where sufficient justification for the works has been given or there are other considerations that apply.”

The Council acknowledged that there was a need to prevent the erosion of the landscape within the town and believed the retention of frontages, hedgerows and trees was critical to preserve the town’s unique character and amenities.

The key issue in the determination of the appeal was the impact on the amenities values of the surrounding area.

The Officer recommendation was that Members upheld the delegated decision to refuse Estate Management Consent and dismiss the appeal.

Austin Mitchell, the appellant, was in attendance and spoke highlighting a number of reasons in support of the removal of the tree and advised, should the appeal be granted, that a semi-mature tree of a more appropriate species would be planted.

In response to a question by a Member, the Development Management Service Manager confirmed that should the Panel be minded to allow the appeal then it would be possible to add conditions to the approval in relation to the provision of the planting of a semi-mature tree of an appropriate species.

Members were of the view that the proposed removal of the Scots pine tree with the replacement a semi-mature tree of a more appropriate species would not be detrimental to the street scene and local amenity value.

It was moved by Councillor J.Beckerman, seconded by Councillor M.Larkins and

RESOLVED:

(5 voting for, 1 against)

That the appeal be allowed and Estate Management consent granted, subject to the following conditions:

1.        All works carried out in pursuance of this consent shall be and remain part of the Premises and shall be subject to the terms and conditions of the conveyance in all respects as if such works had at all times formed part of the Premises.

REASON: To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

2.       This consent or copy hereof shall be annexed to the Conveyance.

          REASON: To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

3.       There shall be no encroachment over the boundary of the plot either above or below ground level, nor any interference with the foundations of the adjoining property without the agreement of the adjoining owner or lessee.

REASON: To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

4.         This consent now issued is given by the Council only in accordance with the requirements of the Management Scheme/Conveyance or Leasehold Covenants.

REASON: To comply with the requirements of the Leasehold Reform Act 1967 Estate Management Scheme for Welwyn Garden City.

5.         The development/works shall not be started and completed other than in accordance with the approved plans and details:

Site Location Plan & Sketch Location Plan & Block Plan and Photographs received 16 May 2016.

REASON: To ensure that the development is carried out in accordance with the approved plans and details.

6.         No works to the tree(s) hereby approved shall commence until details of a suitable replacement tree have been submitted to and approved in writing by the Council.  Subsequently, the approved replacement shall not be planted, other than in accordance with the approved details.

REASON: A replacement tree is required given the current amenity value of the tree(s) in accordance with the requirements of Policy EM3 of the Estate Management Scheme.

7.         The agreed landscaping comprised in the above details shall be carried out in the first planting and seeding seasons following the removal of the tree hereby permitted: and should the tree within a period of 5 years from its planting die, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species.  All landscape works shall be carried out in accordance with the guidance contained in British Standards 8545: 2014.

REASON: To ensure proper implementation of the agreed landscape details in the interest of the amenities and values of the Garden City in accordance with Policy EM3 of the Estate Management Scheme.