Agenda item

Fell 91no. trees protected by Tree Preservation Order no.: CYC344 [Rawcliffe and Clifton Without] [Site Visit]

Members considered a tree preservation order by Clifton Moor RP GP Limited to fell 91no. trees protected by Tree Preservation Order no: CYC344.

Representations were received from Philip Crowe, who spoke on behalf of Treemendous, a group which helped to plant trees in York. He felt the management of the existing trees had not been carried out well and that thinning of trees should have been carried out progressively. He supported the proposal as outlined in the Officer’s report, as this would allow for tree management on a phased basis.

Councillor Warters spoke as the Member of Council who had called in the application. He referred to previous landscaping conditions which had been attached to nearby sites and asked that the following conditions be added to any planning permission, if Members were minded to support the Officer’s recommendation;

1)   For every tree removed, a native species tree replaced it within the screening.

2)   All replacement trees to remain for the lifetime of the development.

3)   For visual amenity and safety, trees and shrub underplanting should be a minimum of 6 foot in height.

Representations were received from Mike Hopkins, the agent. He confirmed that his client was due to undertake a refurbishment of that part of the retail park, and this included landscaping works. He informed Members that the trees that were subject to the TPO were part of the original development.

Councillor Rawlings spoke as the Ward Member. He supported the Officer’s recommendation, but expressed concern that only 20% of the original trees would be replaced. He commented that there were additional areas that could benefit from tree planting. He urged the applicant to work with Treemendous to plant the trees.  

In answer to Members concerns, Officers responded that it was not their intention to use five years as a standard period of time for the replanting of trees. It was also confirmed that if a tree with a TPO was felled, then the TPO would transfer to its replacement tree for its lifespan.

Some Members questioned whether an informative could be added to planning permission to request that the applicant worked with Treemendous on the replacement of trees that were felled.

Resolved: That the application be partially approved and partially refused as per the Officer’s recommendation, with the following amended condition and informative as detailed below;

             6. There is a duty under the Town and Country Planning  Act 1990 to replant with similar/more appropriate species or species as agreed with the Local Planning Authority.

Reason: Requirement under the Town and Country Planning Act 1990.

Informative: Treemendous York' aims to increase tree cover throughout the City of York. The initiative grew out of a recommendation in the 'York City Beautiful: Toward and Economic Vision' report in 2011, to promote a healthier, greener, more environmentally friendly, successful and beautiful city. 'Treemendous York' encourage more trees to be planted in the car park and overall grounds of the Clifton Moor Retail outlets. The sub-committee encourage the applicant to work with Treemendous to achieve this aim and to promote the value of trees within a retail environment.

Reason:    The proposed felling is refused because the trees still serve their function as cited under the Tree Preservation Order and are in such a condition that they could be retained under suitable management, at the present time. It is recognised that thinning and replanting operations are required. However a phased management programme would be more suitable in order to limit the loss to public amenity and to be certain that the proposed approach will be successful in improving the quality and viability of the long term tree cover.