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BURSLEDON, HAMBLE-LE-RICE & HOUND LOCAL AREA COMMITTEE

16 March 2006

CONFIRMATION OF TREE PRESERVATION ORDER 537 Trees on the boundary between Hamble Social and Athletic Club,

31 Beaulieu Road and 33 Beaulieu Road

Report of the Head of Countryside and Recreation Services

RECOMMENDATION

It is recommended that Tree Preservation Order 537 be confirmed without modifications in the interest of public amenity.

Summary Tree Preservation Order 537 was made on 27 June 2005 under emergency procedures and the report recommends confirmation.

Statutory Powers Section 198 Town and Country Planning Act 1990

Town and Country Planning (Trees) Regulations 1999

Introduction

1. The Borough Council made TPO 537 on 27th June 2005, following concerns from local residents that the tree was under threat of being felled.

2. The tree is semi- mature, in good condition and provides significant visual amenity, shelter, screening, wildlife and ecological value to the adjacent properties and surrounding area.

3. This tree is particularly valuable as it is an oak which is native and in keeping

with the local landscape character, the distribution of ‘open grown’ oaks such as this is becoming increasingly sparse, largely due to development pressures.

4. Following consultation to all relevant parties, objections were received from Shaun and Julie Ridler who raised the following points:

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i) The tree presents a danger to their family and property as large limbs have fallen out of the canopy in the recent past.

• I have carried out a visual tree assessment to assess the health and safety of this tree. There were no obvious defects apparent from a ground level survey although there was some minor dead wood (i.e. less than 50mm diameter) which may be removed regardless of the TPO. I would suggest the ivy is severed from the base of the tree and the tree reassessed for defects which may be obscured by the ivy.

ii) The tree creates a light barrier and obscures their sky view.

• EBC does not acknowledge a lack of light caused by the presence of a tree to be a just reason for removing the tree – especially given that the tree covers less than one fifth of the garden area and was present when the current owners bought the property.

iii) The tree is disproportionate to the garden space and dominates surrounding buildings.

• I would disagree that the tree out-scales the garden and it is common for large trees to grow in the vicinity of buildings.

iv) Removal of the tree would not have a significant impact on the local environment and its enjoyment by the public given that they are surrounded by trees.

• I would contest that the tree is characteristic of the local area, visible

from a public open space, has at least 50 years growth remaining and makes a significant contribution to the local area in terms of both habitat provision and amenity value.

5. There were no letters specifically supporting this application.

6. The initial consideration of the report at the Local Area Committee meeting on 15 December 2005 was deferred because concerns were raised regarding the Health & Safety of the tree. A Health and Safety survey has now been carried out with no obvious defects noted; hence I now recommend the TPO is confirmed.

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Conclusion

It is recommended that Tree Preservation Order 537 be confirmed by the Local Area Committee.

PHIL LOMAX

Head of Countryside & Recreation Services

Civic Offices Leigh Road Eastleigh Hampshire SO50 9YN Date: 1 March 2006 Contact Officer: Tessa Judd Tel No: 023 8068 8422 e-mail: teresa.judd@eastleigh.gov.uk Appendices Attached: 2 (TPO schedule and map, Letter of objection) CR 231

LOCAL GOVERNMENT ACT 1972 – SECTION 100D

The following documents disclose facts or matters on which this report or an important part of it is based and have been relied upon to a material extent in the preparation of this report:

None

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Appendix 1

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Appendix 2

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