Tree Preservation Order No 808333 Land at Sussex Road ChapeltownDEVELOPMENT SERVICES REPORT TO NORTH WEST PLANNING AND HIGHWAYS AREA BOARD 25TH MAY 2004 TREE PRESERVATION ORDER NO. 808/333 LAND OFF SUSSEX ROAD, CHAPELTOWN 1.0 PURPOSE 1.1 To report objections relating to Tree Preservation Order No. 808/333. 2.0 BACKGROUND 2.1 An application (03/003297/FUL) was submitted to the City Council on 3rd September 2003 for the erection of 24 flats and 5 dwelling houses. This was withdrawn on 11th February 2004 because the developer was informed that the application would be recommended for refusal. The reason for this was that it was deemed to be a green field site and there would be an excessive loss of trees as a result of the development. 2.2 Because of the amenity value of the trees, it was considered expedient to give them statutory protection by means of a tree preservation order. This was produced under delegated powers and issued on 13th February 2004. 3.0 OBJECTIONS 3.1 Objections have been received from Jaguar Estates and the Church Trustees who are joint owners of the site. 4.0 REASONS FOR OBJECTION AND OFFICER RESPONSE 4.1 Both objectors claim that the imposition of a preservation order is unfair and unreasonable because the land is allocated for housing in the unitary development plan. 4.1.1 The presence of the tree preservation order does not preclude development of part of the site, albeit this would have to be at a considerably reduced density in order to preserve the better trees and ensure their unrestricted growth. Although the site is within a Housing Policy Area in the UDP, most of the site is a Greenfield one as described in PPG3 and this is a material consideration when considering potential development of a site. 4.2 The trees are of a poor standard and their quality does not justify protection with a preservation order. 4.2.1 There are more than 80 trees on this site and it is inevitable that within this number there will be some of variable quality. However, there are sufficient adequate and good quality specimens to justify protection and when seen en masse, have a considerable visual impact. 4.3 The trees are of no benefit to the general public because the area is hidden from view and there is no public right of way through the site. 4.3.1 The trees can be seen from various locations, namely Sussex Road, between the houses on Lound Side, Asda car park and most prominently from the access footway that leads to the north bound platform of Chapeltown station. Objections to the loss of trees have been received from over 40 residents living on Arundel Road, Sussex Road and Lound Side whose amenity would be seriously affected. This has been reinforced by representations from Ecclesfield Parish Council that has asked for a tree preservation order to be placed on the site. 5.0 EQUAL OPPORTUNITIES 5.1 There are no equal opportunities implications. 6.0 ENVIRONMENTAL IMPLICATIONS 6.1 Preservation of these trees will ensure that their amenity value will continue to enhance this area of Chapeltown and control can be exercised over their future management. 7.0 HUMAN RIGHTS IMPLICATIONS 7.1 There are no human rights implications. 8.0 COMMUNITY SAFETY IMPLICATIONS 8.1 There are no community safety implications. 9.0 FINANCIAL IMPLICATIONS 9.1 There are no financial implications. 10.0 RECOMMENDATIONS 10.1 The objectors have failed to demonstrate that the trees have no amenity value, which would exclude them from protection by a preservation order, therefore after due consideration, it is recommended that the Board confirm the order without modification. Les Sturch Head of Planning Division How useful is this page?
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