Proposed removal of conditions 6 and 7 and variation of condition 8 of planning permission DMS/110566/F (Demolition of existing bungalow and erection of new bungalow and garage block, construction of drive area and landscaping) to allow removal of Yew Tree and to facilitate excavation, consolidation, surfacing, tarmac area and drainage of the driveway.

The application was approved contrary to the Case Officer’s recommendation, subject to conditions.

(Proposed removal of conditions 6 and 7 and variation of condition 8 of planning permission DMS/110566/F (Demolition of existing bungalow and erection of new bungalow and garage block, construction of drive area and landscaping) to allow removal of Yew Tree and to facilitate excavation, consolidation, surfacing, tarmac area and drainage of the driveway.)

The Development Manager gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor DW Greenow, the local ward member, spoke on the application.

He commented that the applicant had initially been given to understand by the Council that the Yew Tree to which the application before the Committee referred would be removed.  The tree was impeding the applicant in implementing the planning permission that he had been granted. He should be permitted to remove it.

The debate opened.  The applicant’s frustration was acknowledged.  Some Members considered that there were grounds for removing the tree because it impeded the applicant’s access.  Others considered that there was not sufficient evidence to justify the tree’s removal.  The offer of a replacement tree was noted.

The Legal Officer advised the Committee that it was required to determine the matter having regard to material planning considerations and not the history of land ownership and the quality of communication in relation to the site in the past.  She confirmed that if the Committee was minded to remove the conditions of the planning permission the Tree Preservation Order would be rendered ineffective.  The Committee needed to decide whether there was evidence to support a view that removal of the tree was necessary in order for the planning permission to be implemented. 

The Conservation Manager outlined some of the background to the issue and the reason why conditions had been imposed at the time of the application protecting the Yew Tree and why a Tree Preservation Order had subsequently been served.  She commented that one of the conditions permitted cutting of the tree canopy to a height of 2.5m which would allow vehicle access to the development site.

The Development Manager commented that the Council as Highway Authority had given an assurance prior to the submission of a planning application that the Yew Tree would be felled.  This work had not taken place once it transpired that land ownership was in doubt.  The conditions requiring the tree’s retention had been applied when planning permission for the development had been granted.  He added that there was a secondary access to the site that had been used during construction work.

The local ward member was given the opportunity to close the debate.  He commented that the applicant could not access his property normally and that lifting the canopy of the tree would not be sufficient.  His view was that the application should be approved.

A motion that the application be refused in accordance with the recommendation in the report was lost.

The Committee supported a condition requiring a suitable replacement for the yew tree to be found, to be determined in consultation with the local ward Member.

RESOLVED:  That, having regard to access constraints, conditions 6 and 7 of planning permission DMS/110566/F be removed and condition 8 varied to allow removal of a Yew Tree on the site, subject to a condition that a suitable replacement for the yew tree to be found, to be determined in consultation with the local ward member.

Informative

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.