Agenda item

The Committee considered a report which detailed proposals to consider the confirmation without modification Tree Preservation Order (TPO) (N0.2) 2024, relating to two trees on land at The Oasis, Hagley, Worcestershire, DY9 0AT.

The Tree Officer provided a detailed presentation, and in doing so drew Members’ attention to the recommendation, as detailed on page 23 of the main agenda pack.

The officer further informed the Committee that the provisional order was raised on 8^th February 2024 following on from an initial enquiry made, by a tree surgeon, regarding the status of two Cedar trees, situated within a grassed area at the southern end of The Oasis’s access road as detailed at Appendix 1 to the report.

The officer drew Members’ attention to the objections raised, as detailed at Appendices 2 and 3 to the report; in respect of the provisional TPO having been raised. A further neutral letter was also received, as detailed at Appendix 4 to the report.

The officers’ comments in relation to the points raised in the objections were detailed on page 24 of the main agenda pack and referred to: -

·       Age and size of the trees.

·       Waterlogged soils and movement of the water table.

·       Shading out of gardens.

·       Needle drop and acidification of soils.

The officer highlighted that the trees were coming into full maturity and their growth would be expected to slow considerably as they matured. There was no evidence of any structural deficit or disease, as they were reasonably young trees. There was no evidence of waterlogged soils. The trees were very prominent to the residents of Willow Close, The Greenway, Cavendish Drive, The Oasis, and highway users and pedestrians.

Members then considered the TPO.

In response to a query from the Committee on Appendix 4 being a neutral response, it was explained that the letter did not make any negative comments or any objections to the proposed TPO.

The officer further responded to a query about there being no Tree Evaluation Method for Preservation Orders (TEMPO) included with the report, which would have provided further evidence for Members consideration. Members were informed that following the guidance tool used it was not felt necessary to include a TEMPO for this TPO. The trees had more than 40 years of life. However, this was a valid point and the officer agreed to be mindful to include a TEMPO with any future reports they presented to the Committee.

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.

The officer clarified that as stated in the report, that an initial enquiry was made by a tree surgeon. The tree surgeon had been asked by a management company to remove the trees.  The officer then met the tree surgeon and the management company’s agent on site. The agent was not bothered or concerned with a TPO being issued. It was genuinely seen as appropriate to issue a TPO on trees with no threat against them, in this instance a TPO was raised in order to stop the trees from being felled.

The officer and the Senior Arboricultural Officer further responded to queries on liability and potential liability to the Council should Members be minded to confirm without modification TPO (No.2) 2024. In terms of liability and risk, if officers were made aware of a serious problem and chose to ignore it; then the Council would be liable. Officers had to consider the probability of something happening.

The Senior Arboricultural Officer further commented that whilst it was recognised that trees required a certain level of approved maintenance and frequency of any maintenance, trees were pruned / crowned in an appropriate level in accordance with British Standards (BS) guidance.

On being put to the vote, it was 

RESOLVED that provisional Tree Preservation Order (No.2) 2024 relating to two Cedar trees on land at The Oasis, Hagley, Worcestershire, DY9 0AT, be confirmed without modification and made permanent, as raised, and shown at Appendix 1 to the report.