Agenda item

To consider the confirming of a Tree Preservation Order.

RESOLVED:

That Somerset West and Taunton (Trull No.2) Tree Preservation Order SWT73 (2023) application which protects 9 groups of trees growing in two lines running from Dipford Road at the northern end, going south towards Gatchell House which is located on Honiton Road, Trull be CONFIRMED unmodified.

(Voting: unanimous in favour)

The Arboricultural Officer introduced the item and advised that there was currently outline planning consent for housing on the site. However, following a site meeting with the developer’s arboriculturalist, Tree Preservation Order SWT73 was served to protect the best trees at the site.  It was anticipated that a small number of the trees would need to be removed to facilitate the building of the access road through the site, but the site plan was currently only indicative. Any lost trees would be replaced and the remaining protected trees in the two lines would be enhanced with new planting.

The Committee were addressed by the Agent for the developers.  Her comments included:

·       In 2019 the Orchard Grove site was granted outline planning permission which sanctioned the felling of specific trees and hedgerows and that approval should be given substantial weight in the determination of the TPO application as it conflicted with the officer’s recommendation.

·       The Officer’s report did not give clear planning reasons for departing from the 2019 decision.

·       Consistency was vital to instil public confidence in the planning system.

·       The officer’s justification that the Green Infrastructure Plan only related to the outline approval and not full permission failed to acknowledge that the Planning Committee had already approved the felling of specific trees.

·       She concluded that it was crucial to uphold the TPO in its current form.

The Committee were addressed by an objector to the proposal.  His comments included:

·       The 2019 outline permission was supported by an environmental statement and arboricultural assessment which provided an assessment of the tree loss and retention across the site.

·       The Green Infrastructure Parameter Plan which was agreed as part of the 2019 planning permission for the site, stated that the linear tree belts subject to the TPO would be removed to facilitate development.

·       The stated tree losses would be offset by the beneficial effects proposed as part of the development including restorative pruning and new tree planting.

·       He concluded by asking the Committee to reject the application and allow the site to be developed in accordance with the approved plans.

In response to questions from Members, the Planning Officer and Solicitor confirmed:

·       The 2019 outline planning application for the site was still valid with all matters reserved except access.  The design and layout of this part of the Orchard grove site was not yet agreed.

·       The Reserved Matters application may show the removal of some TPO trees and the Committee could decide at that point if it was appropriate to remove them.

·       The age of the trees at the site varied from 60 to 70 years for some and 30 to 40 for others.  The trees included in TPO SWT73 were identified on site as being the ones in the two lines that were of sufficient quality to merit protection by TPO.

During discussion, the following points were made:

·       The avenue of trees were not currently visible from the road but preserving some landscape features would be preferred.

·       No amount of re-planting would replace the older trees.

·       Preserving trees was part of the Council’s ecological emergency.

It was proposed by Councillor Sarah Wakefield and seconded by Councillor Dixie Darch that the Somerset West and Taunton (Trull No.2) Tree Preservation Order SWT73 (2023) be confirmed unmodified and this was unanimously agreed by all Members of the Committee.

RESOLVED:

That Somerset West and Taunton (Trull No.2) Tree Preservation Order SWT73 (2023) which protects 9 groups of trees growing in two lines running from Dipford Road at the northern end, going south towards Gatchell House which is located on Honiton Road, Trull be CONFIRMED unmodified.

(Voting: unanimous in favour)