Consideration was given to the confirmation of the provisional Tree Preservation Order (TPO) which was served on the 16 September, 2019 and would cease on 16 March, 2020. The District of Teignbridge Tree Preservation Order (19 Chockland Road), Kingsteignton, Newton Abbot 2019 protects a mature copper beech tree located within the garden of 19 Chockland Road, Kingsteignton.
The Committee considered all written representations received in relation to the trees and their amenity value. Members also considered an oral submission from the objector, who was in attendance at the meeting, and photographic evidence of the trees presented by the Council’s Arboricultural Officer.
Objections were summarised in the report circulated with the agenda, and particularly related to loss of amenity for the tree owner, health and safety issues, such as, the tree being potentially dangerous and dropping substantial dead wood, it requires pruning, has outgrown its location, and detritus from the trees, Including sharp nut shells, being dangerous for grandchildren and pets.
The Committee heard from the Council’s Arboricultural Officer who showed photographs of the tree taken from various public vantage points. He advised why the Tree Preservation Order should be confirmed, which were detailed in the agenda report. In particular, the tree has high amenitiy value, wasin situ and of a substantial size when the occupier purchased the property. The garden, along with adjacent gardens, seem largely unaffected by the shade caused by the tree, and detritus falling from the trees is regarded as a natural occurrence and shouldn’t be regarded as a reason to undertake the felling of trees. No information has been provided by a suitable qualified arboriculturalist that identifies any significant faults with the tree and there has been no evidence submitted that the value of the property may be reduced.
The Committee also heard from the owner and objector, who agreed the tree has amenity value and that the main structure of the tree was sound. However, the large amount of detritus, including nuts and cases restricted the use and enjoyment of the garden, because of danger to pets and grandchildren. In addition, ‘summer branch drop’ and branches falling in high winds resulted in a health and safety issue, particularly for his grandchildren restricting the gardens use and enjoyment.
In response the Council’s Arboricultural Officer reiterated that no significant faults has been identified with the tree and that the Council would be sympathetic to any maintenance applications for the tree. The officer also reiterated that whilst the Council is sympathetic to the owner having to undertake more grooming for his dogs, detritus falling from the trees is regarded as a natural occurrence and shouldn’t be regarded as a reason to undertake the felling of trees.
The Committee considered the tree provided a high amenity value and was an asset to the local area and landscape. The protection of the tree in question complied fully with Government guidance and it was therefore expedient in the interests of amenity to make provision for its preservation.
To confirm the Tree Preservation Order unmodified.
Reasons for Decision
The Committee considered the tree a highly visible and mature specimen that contributes to the visual amenity of the area. The loss of the tree would have a detrimental impact upon the visual amenity of the area. The tree has an amenity rating of 16. The suitable benchmark rating for inclusion within a tree preservation order is 15.