Agenda item

RECOMMENDATION:  Approval subject to conditions

WARD:  Haselbury

NOTED

1.   The introduction by the Planning Decisions Manager.

2.   Additional conditions to cover the protection of existing trees, and Members’ remarks regarding the value of the trees and their wish that as many as possible be retained.

3.   The unanimous support of the Committee for the officers’ recommendation.

AGREED that in accordance with Regulation 3 of the Town and Country Planning (General) Regulations 1992 permission be deemed to be granted, subject to the conditions set out in the report and additional conditions below, for the reasons set out in the report.

Additional Conditions

Retained Trees

No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS 3998. If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

Reason: To screen, preserve and enhance the development and ensure adequate landscape treatment in the interest of amenity and to ensure that the retained trees, shrubs and hedgerows on the site are not adversely affected by any aspect of the development.

Tree Protection

No works or development shall take place until a scheme for the protection of the retained trees (BS 5837, the Tree Protection Plan) has been agreed in writing with the Local Planning Authority. This scheme shall include:

a.  a plan to a scale and level of accuracy appropriate to the proposal that shows the position, crown spread and Root Protection Area of every retained tree on site and on neighbouring or nearby property to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on this plan.

b.  the details of each retained tree as required at paragraph in a separate schedule.

c.  a schedule of tree works for all the retained trees in paragraphs (a) and (b) above, specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.

d.  written proof of the credentials of the arboricultural contractor authorised to carry out the scheduled tree works.

e.  the details and positions of the Ground Protection Zones

f.  the details and positions of the Tree Protection Barriers identified separately where required for different phases of construction work (e.g. demolition, construction, hard landscaping). The Tree Protection Barriers must be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase. No works shall take place on the next phase until the Tree Protection Barriers are repositioned for that phase.

g.  the details and positions of the Construction Exclusion Zones

h.  the details and positions of the underground service runs

i.  the details of any changes in levels or the position of any proposed excavations within 5 metres of any Root Protection Area of any retained tree, including those on neighbouring or nearby ground.

j.  the details of any special engineering required to accommodate the protection of retained trees (e.g. in connection with foundations, bridging, water features, surfacing)

k.  the details of the working methods to be employed with the demolition of buildings, structures and surfacing within or adjacent to the Root Protection Areas of retained trees.

l.  the details of the working methods to be employed for the installation of drives and paths within the Root Protection Area’s of retained trees in accordance with the principles of “No-Dig” construction.

m.  the details of the working methods to be employed with regard to the access for and use of heavy, large, difficult to manoeuvre plant (including cranes and their loads, dredging machinery, concrete pumps, piling rigs, etc) on site.

n.  the details of the working methods to be employed with regard to site logistics and storage, including an allowance for slopes, water courses and enclosures, with particular regard to ground compaction and phytotoxicity.

o.  the details of the method to be employed for the stationing, use and removal of site cabins within any Root Protection Areas

p.  the details of tree protection measures for the hard landscaping phase

q.  the timing of the various phases of the works or development in the context of the tree protection measures.

Notice of Tree Works and Major Operations

The applicant shall give written notice to the Local Planning Authority of 10 days prior to carrying out the approved tree works and any operations that present a particular risk to trees (e.g. demolition within or close to Root Protection Areas, excavations within or close to a Root Protection Areas, piling, carnage)

Reason: To screen, preserve and enhance the development and ensure adequate landscape treatment in the interest of amenity and to ensure that the retained trees, shrubs and hedgerows on the site are not adversely affected by any aspect of the development.

Prohibited Activities

The following activities must not be carried out under any circumstances:

a.  No fires shall be lit within 10 metres of the nearest point of the canopy of any retained tree.

b.  No works shall proceed until the appropriate Tree Protection Barriers are in place, with the exception of initial tree works.

c.  No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree.

d.  No mixing of cement or use of other materials or substances shall take place within Root Protection Areas, or close enough to a Root Protection Area that seepage or displacement of those materials or substances could cause then to enter a Root Protection Area

e.  No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

Reason: To screen, preserve and enhance the development and ensure adequate landscape treatment in the interest of amenity and to ensure that the retained trees, shrubs and hedgerows on the site are not adversely affected by any aspect of the development.

Provision for tree planting

No works or development shall take place until a specification of all proposed tree planting (including planting along the common residential boundary of the site) has been approved in writing by the Local Planning Authority.  This specification will include details of the quantity, size, species, position and the proposed time of planting of all trees to be planted, together with an indication of how they integrate with the proposal in the long term with regard to their mature size and anticipated routine maintenance.  In addition all shrubs and hedges to be planted that are intended to achieve a significant size and presence in the landscape should be similarly specified. All tree, shrub and hedge planting included within that specification shall be carried out in accordance with that specification and in accordance with BS 3936 (parts 1 & 4); BS 4043 and BS 4428.

If within a period of 5 years from the date of planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted, destroyed or dies, (or becomes in the opinion of the Local Planning Authority seriously damaged or defective), another tree of the same species and size originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variations. The Council considers 5 Years enough time for the trees to become properly established.

Reason: To screen, preserve and enhance the development and ensure adequate landscape treatment in the interest of amenity and to ensure successful establishment of new planting.