Confirmation of Tree Preservation Order No. 147. 1046 Holderness Road. Background In 1991 a Tree Preservation Order (No.44) was made on trees in the garden of 1046 Holderness Road. In 2006 a Kanzan cherry tree in the rear garden, covered by the TPO, was felled without authorisation. Under Section 206 of the Town and Country Planning Act 1990 where a tree the subject of a TPO is felled without consent it is the duty of the owner to replace it with “another tree of an appropriate size and species at the same place as soon as he reasonably can”. The replacement tree is thereafter protected under the original TPO. In this case a replacement Kanzan cherry tree has been planted. However, the original tree was growing very close to a large horse chestnut tree, and it was agreed that a position further away from the chestnut would be more suitable. However, because it is not in the same place as the tree that was removed, it has been necessary to impose a new Tree Preservation Order to cover that tree alone. The original TPO (No.44) remains in force for the other trees. A TPO to protect the replacement Kanzan cherry tree was made on 6th July, 2007. Representations have been received to the making of the TPO and confirmation is now sought. Confirmation must be made within 6 months of it being served. Representations A letter has been received from the neighbour at 1048 Holderness Road :- - the tree has been moved to make the construction of an access road for a possible new dwelling easier; - crown spread of other trees shown on the plan do not represent how they are now; - suggests an officer visits the site to measure the crown spread of trees on the site to ensure there is no ambiguity in any future planning applications. Appraisal The matters raised by the neighbour do not raise any objection to the confirmation of the TPO. The new tree has been planted in line with the position of the original but further away from the large horse chestnut tree, to ensure a healthier growing position. It would not make the provision of an access road easier. In any case the tree preservation order is in place to recognise the value of the tree to the amenity of the area, not to deter or inhibit planning applications. There are four other trees within the site still the subject of the original TPO (No. 44), three on the front boundary and one in the rear garden. Their position is indicated on this TPO for reference. There is no ambiguity with regard to the trees covered by the original TPO. Overall therefore there are no matters which indicate that the TPO should not be confirmed. Recommendation That TPO 147 for the replacement Kanzan Cherry Tree is confirmed.
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