O Title: CA/16/01884/TPO Author: Planning and Regeneration Scale 1:1,250 Map Dated: 25/11/2016 Canterbury City Council Military Road Canterbury Kent CT1 1YW
AGENDA ITEM NO 17 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//16/01884/TPO 46 Eddington Lane, Herne Bay, CT6 5TS TPO No 1, 1959-2 x 80ft Lime trees cut 10m from base of the trees, remove dead wood and cut back overhanging branches and thinning the crown by 30%. TREE APPLICATION DATE REGISTERED: 03 August 2016 TARGET DATE: 28 September 2016 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: CASE OFFICER: WEB LINK: RECOMMENDATION: NOT LISTED HERNE BAY - EDDINGTON Heron Mrs Noyes Mrs Noyes Mrs Joanna Dymowska https://publicaccess.canterbury.gov.uk/onlineapplications/applicationdetails.do?activetab=documents &keyval=_cante_dcapr_106183 Grant, subject to conditions SITE LOCATION AND DESCRIPTION: 1. The site is a residential area situated in Herne Bay. The application site falls within the Eddington Conservation Area in Herne Bay and the trees on site are protected by a Tree Preservation Order from 1959. 2. The application site consists of a rectangular undeveloped plot, located to the rear of the 46 Eddington Lane. The Lime trees are located next to the Orchard Road. The trees are very prominent and plainly visible from the surrounding roads and gardens.
RELEVANT PLANNING HISTORY 3. The Tree Preservation Order was made in 1959 and protects a number of groups of trees across a number of sites. 4. The application reference: CA//12/01734 - to fell two European Lime trees subject to TPO No 1. 1959, due to subsidence damage to the neighbouring property. Application has been granted with planning permission. PROPOSED DEVELOPMENT 5. The proposal is for the works to two Lime trees involving a crown lifting by 10m from the ground level, removal of dead wood and overhanging branches and to thin the crown by 30%. CONSULTATIONS Canterbury City Council Arboriculturalist There were no objections to the amended proposal. REPRESENTATIONS Site notice was displayed adjacent to the site. No third party representations have been received. DEVELOPMENT PLAN POLICIES Canterbury District Local Plan First Review 2006 BE1 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regar. BE7 - Conservation Areas and their settings to be preserved or enhanced: specific criteria for consideration. NE5 - Retention of trees, hedgerows and woodland or other landscape features.
Canterbury District Local Plan Publication Draft 2014 DBE3 - Development proposals to be of high quality, to be assessed against specific amenity, visual, landscape, accessibility and highways criteria. HE6 - Important features or characteristics, which contribute to special character of the conservation area need to be protected, including trees. LB10 Trees, hedgerows and woodland. ASSESSMENT The application is brought to Planning Committee as the applicant is a Council employee. 6. The current Local Plan Policy NE5 states that the City Council will refuse planning permission for the proposals that threaten the future retention of trees of importance to a site's character, an area's amenity or the movement of wildlife. Policy LB10 in the emerging Canterbury District Local Plan (Publication Draft 2014) similarly aims for the retention of trees or woodland of importance to the site s character, amenity or the movement of wildlife. 7. Policies BE7 of the CDLP 2006 stated that trees and landscapes within the conservation area need to be protected, which is confirmed in emerging CDLP Publication Draft 2014 in a policy HE6. 8. There were initial concerns raised with the application proposing to reduce the height of the tree by cutting 30% off the top of the trees. These would be considered as a form of pollarding which cannot be justified and would negatively impact on the safety of the trees. The concern was addressed by the applicant by amending the proposal. 9. Both Lime trees are very prominent and visible from the street scene, making it significant contribution to the character of the area. The amended proposal includes crown thinning and is considered as an acceptable reduction of the density of the tree crowns to allow more light through the canopy. The proposed works would not have detriment impact on the character and appearance of the area. 10. It is not considered for the proposal to significantly affect the visual amenity of the area and the proposed works are considered as justified. 11. It is considered that the proposed works are reasonable and will not have detrimental visual impact on the landscape therefore considered that the proposal is in accordance with policies BE1, BE7 and NE5 of the Canterbury District Local Plan 2006 and policies DBE3, HE6 and LB10 of the Canterbury District Local Plan 2014.
DRAFT CONDITIONS/REASONS FOR DECISION NOTICE Application No: CA/16/01884/TPO Proposal: TPO No 1, 1959-2 x 80ft Lime trees cut 10m from base of the trees, remove dead wood and cut back overhanging branches and thinning the crown by 30%. Location: 46 Eddington Lane, Herne Bay, CT6 5TS CONDITIONS/REASONS: 1 The work hereby approved shall be completed within two years of the date of this Notice. REASON: In pursuance of Section 17 (4) of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. 2 The works approved by this consent should be carried out by a competent tree surgeon and in accordance with British Standard BS 3998: 2010 "Tree Work - Recommendations". REASON: To ensure work is carried out in accordance with industry best practice and minimising any impact on the health, structure and future growth of trees and hedgerow.