Agenda item

The Committee considered a report which detailed proposals to consider the confirmation without modification Tree Preservation Order (TPO) (N0.3) 2024, relating to trees on land at 21 and 23 Hawthorne Drive, Hollywood, B47 5QT.

The Senior Arboricultural Officer provided a detailed presentation, and in doing so drew Members’ attention to the recommendation, as detailed on page 37 of the main agenda pack.

Members were informed that the provisional order was raised on 8^th February 2024, as shown at Appendix 1 to the report; in response to an indication received by the Council that the owner of the tree at 23 Hawthorne Drive had intended to fell the Oak tree on that property.

A Tree Evaluation Method for Preservation Orders (TEMPO) was carried out on the trees, as detailed at Appendix 2 to the report. The TEMPO showed that the trees had accrued a score worthy of consideration of a TPO.

Three objections were received in respect of the provisional TPO having been raised. The officers’ comments in relation to the points raised in the objections were detailed on page 38 of the main agenda pack and referred to: -

·       Public Amenity Value.

·       Risk of Subsidence and Root Invasion to Property.

·       General Deris Fall Nuisance.

·       Risk of Root Invasion to Drains.

·       Shadowing.

It was noted that on page 39 of the main agenda pack, that under the paragraph ‘Shadowing’ that the house number should read 27 Beech Road and not 23 Beech Road.

At this stage in the meeting there was a technical issue with the Live Streaming. Therefore, the Chairman announced a short adjournment and comfort break for Members and officers.

Accordingly, the meeting stood adjourned from 18:44 p.m. to 18:54 p.m.

Having reconvened and at the invitation of the Chairman, the Council’s Legal Officer read out the speech, in objection to the TPO, provided by Mr. and Mrs P. Conlon, who were unable to attend the meeting.

It was noted that under the Council’s Public Speaking rules, that Mr. and Mrs. P. Conlon’s speech had taken three minutes to be read out.

At the discretion of the Chairman, Mr. A. Pickersgill, who had also submitted a representation in objection to the TPO, was allowed one minute to address the Committee.

Members then considered the TPO.

In response to a query from the Committee on the TEMPO scoring, as detailed at Appendix 2 to the report. The Senior Arboricultural Officer explained how the scoring had been determined.

The Senior Arboricultural Officer responded to further questions from Members with regards to ‘Risk of Root Invasion to Drains’ and the estate itself. In doing so, Members were informed that as detailed on page 39 of the main agenda pack; roots did not generally exert any mechanical pressure on drains to create damage, they tended to take the easiest direction of growth and go around any obstruction such as drains. The estate was a modern estate and as such would be expected to have a high quality and robust drainage infrastructure that would be unlikely to be damaged by root and therefore suffer root invasion. There was no evidence or historical evidence of tree related damage to the drains or work being carried out on the drains due to root invasion, or any damage to nearby drives or kerbs. The estate was built over 30 years ago and anyone purchasing a property on the estate would be aware of nearby mature trees, which predated the estate and the infrastructure.

In respect or overbearing and shadowing, the Senior Arboricultural Officer clarified that the Council had no powers to enforce / instruct the residents of 21 and 23 Hawthorne Drive to carry out work on the trees should they become overbearing or create further shadowing. A TPO would ensure that appropriate levels of tree management and crown thinning was carried out. A TPO did not prevent work being carried out on the trees, an application to carry out appropriate work on the trees could be submitted to the Council for consideration and subsequent approval being agreed prior to any work being carried out on the trees.

On being put to the vote, it was 

RESOLVED that provisional Tree Preservation Order (No.3) 2024 relating to trees on land at 21 and 23 Hawthorne Drive, Hollywood, B47 5QT, be confirmed without modification and made permanent, as raised and shown at Appendix 1 to the report.