Agenda item

To advise members of the current situation and determine an appropriate course of action.

Zoe Blake presented the report to members.

Members asked questions of officers as follows:

·       Councillor Mrs French referred to the mention of health and safety and looking at the photos some of the trees do not look stable asking if there is a safety issue? Zoe Blake responded that the Tree Officer has provided their comments in the report.

·       Councillor Meekins asked why the applicant wanted to fell these trees as he could not see this within the report. Matthew Leigh responded that the applicant suggested it was because there was ongoing maintenance and some concern in relation to the fact that there had been some branches fall over a historic period without any detail, however, the Council’s Arboricultural Officer has visited the site, assessed the trees and has not considered that the trees are at any particular risk more than any other tree to public safety or their health.

·       Councillor Meekins made the point that there seems to be a suggested TPO on 15 trees so presumably there is some threat to these 15 trees. Officers indicated this to be the case.

Members made comments, asked questions and received responses as follows:

·       Councillor Gerstner stated that he lives within 200 metres of this site and passes it several times a day, with the building being a unique one-off building in Whittlesey and the original owner was a Mr Limes, who owned the brick works in Whittlesey, and he sold it on to a Mr Brown who lived there for 50 plus years. He continued that Mr Brown maintained all those trees and, on the demise and death of Mr Brown, he believes the property has been sold twice, with there being some development in the back and the two subsequent owners have come along and wanted to do things with the trees. Councillor Gerstner expressed the opinion that it is a very important building, part of the Conservation Area and there is a lane adjacent to it which school children use to go up and down to Park Lane School. He believes that TPOs on all those trees that are adjacent to that pathway should be applied but he has reservations about the four cedar trees on the front as they are getting very large but feels that TPOs would be a good idea for the amenity of the area because it would put the owner under some conditions that if they needed work doing on them that they would have to apply to the Council to get planning permission to do so. Councillor Gerstner referred back to the Conservation Area and the safety of that walkway where school children use it daily during school times.

·       Councillor Connor made the point that if the TPO is granted it will save the trees and give comfort that they will not be cut down, however, they can be pollarded at any time with the Council’s permission.

·       Councillor Mrs French expressed concern about health and safety and suggested that the Tree Officer monitors the condition of these trees regularly. Matthew Leigh responded that this cannot be conditioned and there are a lot of trees in the District that are adjacent to footpaths and certain trees cannot be monitored as they should all be treated consistently. He added that the trees have been looked at and there is no evidence currently of them showing any signs of disease or distress. Councillor Mrs French acknowledged that these are private trees in a private garden but understands that FDC trees are checked on a regular basis so is a bit concerned on the safety of those trees but if the Tree Officer is content then she is happy.

·       Councillor Benney stated that private trees should be the responsibility of the owner for the upkeep, maintenance and safety and from personal knowledge he knows that people who undertake works would give advice and feels that if the Tree Officer has been out the advice given should be adhered to and it falls to the owner of the trees to comply.

·       Councillor Gerstner asked if one of the trees need to come down is there a condition to replace it? Matthew Leigh responded that there is a requirement for a tree replacement.

Proposed by Councillor Meekins, seconded by Councillor Mrs French and agreed that TPO be CONFIRMED in respect of 1 x Lime, 1 x Beech, 1 x Copper Beech, 1 x Yew, 1 x Sycamore, 4 x Silver Birch, 1 x Norway Maple, 1 x Holly and 4 x Corsican Pine.

(Councillor Gerstner registered, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, that he is a member of Whittlesey Town Council but takes no part in planning)