Tree Protection and Development. Colin Hawke, Principal Forestry Officer Simon Proctor, Forestry Officer

Transcription

1 Tree Protection and Development Colin Hawke, Principal Forestry Officer Simon Proctor, Forestry Officer

2 Trees and Development Legal duty to consider trees Principal Tree Officer considerations: Amenity Canopy/ Tree Management (Long term) Future conflicts Shading Risk Space Nuisance

3 Amenity Enjoyment by public Usually visual/landscape value

4 Amenity Can be: Cultural Historic Biodiversity etc

5 Tree Population Management Plans and policies for long term management. Large Scale- Significant community benefits: Landscape Property values Sense of place Future Conflicts Small Scale - Reoccurring conflicts: Views Perceived hazard Declining condition Close relationships

6 Plan to avoid conflicts Treasured not resented Legal protection is not effective over long term Large trees in small gardens don t work.

7 BS 5837: Trees in relation to design, demolition and construction Recommendations Process Guide : Site Appraisal Tree Categorisation Tree Constraints Plan Root Protection Area

8 Tree Constraints Plan

9 Shading Assessment

10 BS 5837: Process Guide Site Appraisal Tree Categorisation Tree Constraints Plan Root Protection Area Design Stage Arboricultural Method Statement: Tree Protection Plan Construction Exclusion Zones Pre construction tree works/ removals etc. Negotiation

11 Tree Protection Plan

12 Final Proposal

13 Some Examples

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16 Good Tree Retention (?)

17 What went wrong?

18 Good Tree Retention? No! Tree Felled within 2 years!

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20 Proper Job!

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22 Tree Protection Felling Licences Forestry Commission Conservation Areas Tree Preservation Order Planning Conditions

23 Making a TPO Assessment of amenity Assessment of condition Expediency

24 Tree Preservation Order Checklist

25 How can you help? Are affected trees important? Why? Local Knowledge Local values Relevant history Not all trees are important!

26 Thank you for listening Questions? Cornwall Council County Hall Truro TR1 3AY Tel:

27 Tree Preservation Orders To protect trees which make a significant impact on their local surroundings. Can cover any tree species even sycamores! Hedgerow trees but not hedges. Planning Offices have the register. Aim to go online. Anyone can request a Tree Preservation Order

28 Making a TPO Assessment of amenity Assessment of condition Expediency Appropriate designation: Individual Group Area Woodland Immediate effect. Emergency Orders 6 Months protection Confirmation

29 TPO Applications Application to LPA (Forms on Planning Portal) Exemptions: FC Grant Schemes and Felling Licence Dead, Dying or Dangerous Obligation under Act of Parliament eg Highways Act Directly in the way of consented development Commercial Orchards To prevent or control a legal nuisance Advised to give at least 5 Days notice. Fines up to 20,000 Right of Appeal

30 Tree Protection Conservation Areas Trees over m or 10 cm if thinning Same exemptions as Tree Preservation Orders 6 weeks notice to LPA to undertake works LPA can: Raise no objection Place a Tree Preservation Order Do nothing work can proceed after 6 weeks. Negotiate an alternative notice (with withdrawal of the original)

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32 Case Study Tinners Way, St.Ives TPO Application to Penwith DC (based on a perception of danger to property)

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36 Application to fell The crown of the tree is thinning The tree is over-mature and declining There are several broken limbs and deadwood within the crown The root system may be damaged by recent flood prevention work The sap levels in the crown are low making limbs weaker and prone to breakage Due to the proximity to houses, footpaths and a parking area the tree poses an unacceptable risk

37 CCC Second Opinion The condition of the tree is such that it could be retained with limited management work The level of risk was broadly acceptable The loss of other TPO trees within the immediate area increased the amenity value of the remaining tree The Safe Useful Life Expectancy (subject to there being no change in site conditions, extensive storm damage etc) years Quantified Tree Risk Assessment (QTRA) was used to assess the actual levels of risk

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