The Committee considered a report seeking confirmation of the above tree preservation order.  The order had been made on 9 October 2008 to protect two mature yew trees along the northern boundary in the rear garden of 11 Park Hill.  By virtue of Section 201 of the Town and Country Planning Act 1990 the order had taken immediate effect and had to be confirmed within six months.

It was claimed that the Council had given permission to remove the two yew trees in 1999, but the work had not been undertaken.  The trees had been the subject of a previous order in 2008 that had lapsed and the current order had superseded the previous order.  The trees that were the subject of the order had been assessed against their condition, remaining longevity and public visibility, and were considered to have a high public amenity value.

The objections to the order that had been received and the Council’s response to them were reported.

In response to questions officers explained that, whilst a tree preservation order did not preclude work on the trees in future, it was difficult to prune the canopy of yew trees and retain their amenity value, but that some minor work might be possible.

Mr James Angus, the owner of the property, addressed the meeting under Standing Order 33.

The principal issues raised by Mr Angus were:-

• Permission to remove the trees had been granted in 1999 but the work had not been carried out because of cost
• The trees were within ten feet of the rear of the property and their branches overhung the property
• The trees dropped large quantities of seed casings
• The drains of the property were under an extension and inaccessible
• The drains had been blocked three weeks previously
• Permission had been given to remove a larger damaged tree
• The trees caused extensive shade and ground water take-up
• There were other large trees in the garden and it was felt that the removal of the two yew trees was justified

In response to questions Mr Angus claimed to have a letter confirming that he had been given permission to remove the two yew trees in 1999, although the Council’s records did not show that.  Officers explained that, nevertheless, the circumstances were now different and the trees were larger.  Mr Angus estimated that the size of the yew trees had increased by one fifth since 1999.

Members expressed some sympathy for the position of Mr Angus.  They noted the advice of officers regarding the amenity value of the trees and the consequences of carrying out work on them, but that some work might be permitted.

A poll vote on the officers’ recommendation to confirm the tree preservation order was held in accordance with Standing Order 33.4, when there voted:

To confirm

the order (5)            Councillors Moira Butt, Cliff Carter, Janet Lowne, Hamish Pollock and Graham Whitham.

Abstained (4)             Councillors Ian Chapman, Paddy Kane, John Leach and Paul Newman.

Resolved: That tree preservation order No. 2008/010 be confirmed without modification and include the two yew trees identified in the first schedule to the order.