5 Eastlake Close, Petersfield, Hants, GU31 4ES SDNP/18/01399/TPO

Transcription

1 5 Eastlake Close, Petersfield, Hants, GU31 4ES SDNP/18/01399/TPO

2 PART 2 SOUTH DOWNS NATIONAL PARK AUTHORITY PLANNING COMMITTEE REPORT OF THE HEAD OF PLANNING Applications to be determined by the council on behalf of the South Downs National Park Authority 12 April 2018 SECTION 1 SCHEDULE OF APPLICATION RECOMMENDATIONS Item no. 01 Report to Planning Committee Date 12 April 2018 By Head of Planning Local Authority East Hampshire District Council Application SDNP/18/01399/TPO Number Applicant Mrs Silvester Application Oak - Mature Oak tree in TPO area crown reduction of no more than 2m on the eastern aspect only and to appropriate growth points. Finished spread will be approximately 6.5 metre radius. Address 5 Eastlake Close, Petersfield, GU31 4ES Recommendation: That the application be Approved for the reasons and subject to the conditions set out in paragraph 10 of this report. Executive Summary This application is included on the agenda as it has been submitted by a District Councillor/member of staff.

3 The Monitoring Officer confirms that this proposal has been dealt with in accordance with the Council's procedures for handling planning proposals submitted by or on behalf of Council Members and Staff. 1 Site Description The rear garden of 5 Eastlake Close, Petersfield. Area Tree Preservation Order (EH58) 1977 is in force on this property and covers the rear gardens of properties on the northern boundary of Eastlake Close and Clare Gardens. Only those trees growing at the time the Order was made are covered by this TPO. The Oak tree subject of this application is a mature tree some 14m in height, growing adjacent to the western boundary of the property with an assymetrical crown extending eastwards over the rear garden. As far as it is reasonable to see, the tree is healthy and structurally sound and has some local importance. 2 Proposal It is proposed to reduce the crown of this Oak tree by no more than 2m on the eastern aspect of the crown as it extends across the garden, and to appropriate growth points. The works are considered not to be detrimental to the integrity of the TPO. 3 Relevant Planning History None. 4 Consultations Parish Council Consultee - Comments awaited. 5 Representations No representations have been received at the time of writing the report. Any received will be reported separately to Committee. 6 Planning Policy Context National Park Purposes The two statutory purposes of the SDNP designation are: To conserve and enhance the natural beauty, wildlife and cultural heritage, To promote opportunities for the public understanding and enjoyment of the special qualities of their areas.

4 If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well being of the local community in pursuit of these purposes. 7 Planning Policy Relevant Government Planning Policy and Guidance Government policy relating to National Parks is set out in English National Parks and the Broads: UK Government Vision and Circular 2010 and The National Planning Policy Framework (NPPF) which was issued and came into effect on 27 March The Circular and NPPF confirm that National Parks have the highest status of protection and the NPPF states at paragraph 115 that great weight should be given to conserving landscape and scenic beauty in the national parks and that the conservation of wildlife and cultural heritage are important considerations and should also be given great weight in National Parks. Partnership Management Plan The South Downs Partnership Management Plan (SDPMP) was adopted on 3 December It sets out a Vision and long term Outcomes for the National Park, as well as 5 year Policies and a continually updated Delivery Framework. The SDPMP is a material consideration in planning applications and has some weight pending adoption of the SDNP Local Plan. The Draft South Downs National Park Local Plan The South Downs Local Plan: Pre-Submission Local Plan was published under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 for public consultation between 26 th September to 21 st November After this period, the next stage in the plan preparation will be the submission of the Local Plan for independent examination and thereafter adoption. Until this time, the Pre-Submission Local Plan is a material consideration in the assessment of this planning application in accordance with paragraph 216 of the NPPF, which confirms that weight may be given to policies in emerging plans following publication unless other material considerations indicate otherwise. Based on the current stage of preparation, along with the fact that the policies are compliant with the NPPF, the policies within the Pre-Submission Local Plan referenced are currently afforded some weight. 8 Conclusion The proposed works are considered to be acceptable and are not detrimental to the integrity of the Tree Preservation Order. The proposal is not detrimental to the purposes of the South Downs National Park Authority.

5 9 Reason for Recommendation and Conditions It is recommended that the application be Approved for the reasons and subject to the conditions set out below. 1. Make contact prior to commencement The contractor (or other person) carrying out the work shall contact the Arboricultural Officer at least 10 days prior to starting work and meet him/her on site if so required. Reason - To ensure that the contractor or person carrying out the work clearly understands the consent. 2. Works In Accordance with BS.3998 (2010) All works shall be carried out in accordance with BS.3998 (2010). Reason - To ensure work of sufficiently high standard is carried out on protected trees and to ensure their health and amenity value is not compromised. 3. No Climbing Irons The use of climbing irons (spikes) to enter or move around the tree canopy is strictly prohibited. Reason - To ensure the health of the tree(s) is/are not affected detrimentally. 11. Crime and Disorder Implications 11.1 It is considered that the proposal does not raise any crime and disorder implications. 12. Human Rights Implications 12.1 This planning application has been considered in light of statute and case law and any interference with an individual s human rights is considered to be proportionate to the aims sought to be realised. 13. Equality Act Due regard has been taken of the South Downs National Park Authority s equality duty as contained within the Equality Act Proactive Working Contact Officer: Adele Poulton Tel: adele.poulton@easthants.gov.uk