Agenda item

The Committee considered a report which detailed proposals to confirm, without modification, Tree Preservation Order (14) 2021, relating to trees on land at 9 Fairlight Drive, Barnt Green, Birmingham, Worcestershire, B45 8TB. 

The Senior Arboricultural Officer provided a detailed presentation, and in doing so drew Members’ attention to the recommendation, as detailed on page 17 of the main agenda report.

Officers further informed the Committee that the provisional order was raised on 8^th September 2021, as detailed in Appendix 1; following an enquiry received from the owner of the property indicating that he was considering removing the trees now included within the order. In view of the enquiry a site meeting was held with the owner of the property on 23^rd August 2021 in order to inspect the trees and to consider their potential removal.

During the site meeting the owner outlined that ideally, he would have liked to remove all three trees within the provisional order as he considered that they represented a high level of safety risk to persons using the garden area of the property, in light of past instances of branch failure and other general debris fall from the trees. The owner also explained that if it were not acceptable to remove all of the trees from the provisional order, would it be acceptable to remove one of the trees from the provisional order.

Officers further informed the Committee that, having considered both of the options put forward by the owner and the issues highlighted and the condition of the trees; that his opinion was that the trees were worthy of retention and protection, for the reasons as detailed on page 18 of the main agenda report.

Officers drew Members’ attention to the objection received from Mr. Peter Bridge, the owner of 9 Fairlight Drive, Barnt Green, Birmingham, Worcestershire, B45 8TB, as detailed at Appendix 2 to the report; and the officer’s comments in relation to the points raised, as detailed on pages 19 and 20 of the main agenda report.

At the invitation of the Chairman, Mr. P. Bridge, the owner of 9 Fairlight Drive, Barnt Green, Birmingham, Worcestershire, B45 8TB, addressed the Committee in objection to TPO (14) 2021.

Members then considered the TPO.

Officers responded to questions with regards to ‘Amenity’ and in doing so stated that, whilst it was accepted that the estate of Fairlight Drive was gated, which restricted public access, there were 14 other properties on the estate some of which would benefit from being able to see at least part of the trees. There would also be a large volume of visitors to a site containing 14 properties (family, friends and service providers); many of which would benefit from the amenity value these trees provided.

In response to the concern raised by Mr. P. Bridge with regard to the distance of the trees from his property and queried by some Members, officers made reference to British Standard BS 5837 and in doing so briefly explained safe distance and safe distance with regard to new planning applications.

An alternative recommendation was proposed and seconded that provisional Tree Preservation Order (No.14) 2021, trees on land at 9 Fairlight Drive, Barnt Green, Birmingham, Worcestershire, B45 8TB, be amended to remove T2 – Pine.

Officers clarified that by removing T2 – Pine from the TPO, replanting could not be included as the tree would not have a TPO on it.

On being put to the vote, the alternative recommendation was carried.

However, further debate ensued, whereby some Members commented that Mr. P. Bridge should be able to remove all three trees, with other Members questioning the trees amenity value, stating that the trees were not really that visible and that the property was right next door to a wooded area.

A further alternative recommendation was proposed and seconded that the three trees on land at 9 Fairlight Drive, Barnt Green, Birmingham, Worcestershire, B45 8TB, should not be protected and that TPO (14) 2021 should not be confirmed.

On being put to the vote, the alternative recommendation was carried, with the Chairman using their casting vote.

RESOLVED that provisional Tree Preservation Order (14) 2021, relating to trees on land at 9 Fairlight Drive, Barnt Green, Birmingham, Worcestershire, B45 8TB, not be confirmed.