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Confirmation of Tree Preservation Order No

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					Confirmation of Tree Preservation Order No. 94
At: 30 and 32 Main Street, Woodborough

At the Planning Committee held on the 27th September 2006, members agreed to
authorise the making of a new Tree Preservation Order at 30 and 32 Main Street,
Woodborough.

The period of objection for the above order has now past. A number of objections
have been received regarding the inclusion of the Copper Beech tree at 32 Main
Street, Woodborough. The owner’s comments can be summarised as follows:

   The Town and Country Planning Act makes special provision for trees in
    Conservation Areas. It is our client’s view that this procedure is perfectly
    adequate to protect the tree which he has no intention of removing in any event.
   The Council’s main consideration should be whether the tree merits a Tree
    Preservation Order. The Council should therefore assess the amenity value of
    the tree.
   Councils should be able to explain to landowners why their trees have been
    protected. We contend that you have failed to explain why a Tree Preservation
    Order is required in this instance, particularly when the tree being in a
    Conservation Area is already in our view adequately protected.

The initial reason for making the order was to ensure that adequate measures could
be taken to protect the trees during development works, due to take place at 30 Main
Street, Woodborough. Although planning conditions could be used to ensure the
safe retention of the trees, it was felt that in addition to this both trees could clearly
be seen from Main Street, therefore contributing to the setting of the Conservation
Area. For these reasons it was considered appropriate to place a Tree Preservation
Order on the trees, thereby securing their long-term protection.

The owner has also expressed concern regarding the potential damage that could
occur to his property in the future from the trees root system. It is considered that if
this were to occur, then the Borough Council would consider the matter of removing
the tree, on the basis of the appropriate evidence put forward at that time.

Although the Beech tree is located further back than the lime tree, it is still sufficiently
prominent. It is therefore proposed that the Tree Preservation Order be confirmed in
an unaltered form.

For clarification, the legislation relating to trees in Conservation Areas ensures an
opportunity for the Council to consider whether a tree should be protected by a Tree
Preservation Order before any work is undertaken. The location of a tree within a
Conservation Area provides no protection in itself.

Recommendation
The Head of Legal and Democratic Services be authorised to carry out the
necessary procedure to confirm Tree Preservation Order No. 94 at 30 and 32 Main
Street, Woodborough.

				
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Description: Confirmation of Tree Preservation Order No