Report of the Executive Director (Public Protection, Planning and Governance) sets out an appeal against the refusal of Estate Management Consent for a removal of a Silver birch tree.

Report of the Executive Director (Public Protection, Planning and Governance) which set out an appeal against the refusal of Estate Management Consent for a removed of a silver birch tree.  The tree in question which was discussed was a semi-mature silver birch growing within the front garden of 43 Digswell Park road, Welwyn Garden City.

It was noted that Digswell Park Road was a minor residential road.  The northeast end of the road consists of grass verges with trees, mainly silver birch, within the back verge or front gardens.  The silver birches form part of the character of the area and are an intentional planning choice along this section of the road. 

The key issue in the determination of this appeal was the impact of the tree removal on the landscape and whether the reasons for removal justify its removal.

The report noted that the appellant had divided the comments into five points which were addressed as below:

1)    That the roots were undermining the block paved drive.  The appellant had supplied photographs showing the driveway.  The photographs showed some very minor disruption to some of the blocks.  Although it was possible that the roots could affect the driveway from the slight movement of the drive as it was considered not sufficient to warrant removal of the tree.

2)    The tree roots were growing into the drains.  There was no evidence supplied to indicate that the roots were damaging the drain.

3)    That all the other silver birch trees along the road were planted within Council maintained land and this tree was planted by the previous owner. It was not possible to verify the age of the tree or why it was originally planted, however it was in keeping with planting along the road and contributed to the line of silver birches and character of the area.

4)    That the tree was very close to the main front window of the living room and blocked light.  The tree had been reduced in the past and the resident was concerned about the ongoing cost of reducing the tree on a regular basis.  Although located within the front garden the tree was in a similar position distance from the front of the house as those in the Council maintained land.  The tree would affect light to the property however silver birch as a species are not densely leaved and allow light through the crown. In winter when light levels are low in winter the tree will have lost its leaf which would allow more light to reach the property.  With regard to the cost of maintenance the Council does not contribute to the cost of private tree work.

5)    The neighbours either side of the property would like the tree removed due to a constant shedding of seedlings.  The Council does not allow removal of trees for natural phenomena as this was a minor seasonal disruption and does not justify removal of the tree.

Officers advised that the removal of the silver birch from the street scene, would result in an inappropriate loss of landscaping that would harm the character and amenities of the area; contrary to Policy EM3 (soft landscaping) of the Welwyn Garden City Estate Management Scheme.  No additional evidence or information had been put forward by the appellant which added to or would alter the Officer’s recommendation.

Members agreed that the silver birch in question was in good health and there was no justification for its removal. The owners would have been aware of the tree and the Estate Management Scheme via their solicitor at the time of purchase of the said property.  It was further agreed that the response letter to the appellant would need to contain the resolution of this Panel; that in the event of the cutting down the tree the owner would be requested to replace the tree with a silver birch.  Also the tree to be maintained by the owner, in terms of pruning.

It was moved by Councillor M. Birleson, seconded by Councillor F. Thomson and

RESOLVED

(unanimously)

That the delegated decision be upheld and the appeal dismissed.