12 October 2006 - Minutes

BABERGH DISTRICT COUNCIL

LICENSING AND APPEALS COMMITTEE

MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE (TREES) HELD IN THE VILLAGE HALL, COPDOCK AND WASHBROOK, ON THURSDAY, 12 OCTOBER 2006

PRESENT: Mr B L Lazenby – Chairman

32     DECLARATION OF INTERESTS

There were no declarations of interest.

33     QUESTIONS FROM MEMBERS

None received.

34     TREE PRESERVATION ORDER NO. BT403 – DOGGERS, OLD LONDON ROAD COPDOCK AND WASHBROOK

Prior to the meeting of the Committee, Members met to view the trees covered by Tree Preservation Order No. BT403, from the owner’s property and from the objectors’ property. In addition to the Members of the Committee, the following were present for the site visit:-

Mr J R A Sayers (reserve Member)

Miss C Dell (Owner)

Mr and Mrs T Sheeley (Objectors)

Mr D Carmichael (Arboricultural Officer)

Mrs L Pattle (Admin Officer (Committees))

Following the site visit, the Committee met to consider an objection to the Order dated 23 June 2006. Members had before them the following papers:-

Paper F98, including a copy of Tree Preservation Order No. BT403 and an objection dated 20 July 2006 submitted by Mr and Mrs T Sheeley. (Circulated with the Agenda for the meeting).

A letter dated 9 October 2006, setting out further comments from Mr and Mrs Sheeley (subsequently numbered Appendix 3 to Paper F98), circulated prior to the meeting.

In considering the objections to BT403, the following were among the points noted:-

· The protection offered to the trees by the conditions attached to planning permission B/552/78 was incomplete. The Council’s previous Arboricultural Officers had advised periodically as to what kind of pruning was appropriate.

· The objectors had had problems with the sewer which ran close to the roots of Oak T1. It was confirmed that modern techniques often made it possible to carry out alterations to sewers without damaging tree roots.

· EDF Energy would continue to have an obligation to maintain the power cables located close to Beeches T3 and T4 and to Ash T5, in a safe and serviceable condition, irrespective of the presence of the Tree Preservation Order. In any case, the Order provided legal exemptions for electricity cable service suppliers to undertake reasonable and appropriate maintenance work without recourse to the usual application procedure.

· Ash T5 and Larches T6 and T7 were inter-dependent. They were causing considerable problems to the objectors because of their roots and the shedding of their needles. The Arboricultural Officer advised strongly against any pruning of the roots. However, he stated that he would be minded to recommend approval if the owner were to apply for a lifting of the crown of Larch T6 to a height of 6 or 6.5 metres. The owner indicated that she would be prepared to make such an application.

In considering the objection to BT403, Members accepted the Arboricultural Officer’s comments that the trees were of significant public amenity value and worthy of statutory protection. They noted that while the Order would provide protection for the trees, it would not preclude the submission of an application for the removal of some branches.

RESOLVED

That Tree Preservation Order No. BT403 be confirmed without modification.

The business of the meeting was concluded at 3.50 p.m.

Chairman