| Application number: | CB/TRE/22/00333 |
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| Application type: | Works to a Protected Tree |
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| Associated Tree Preservation Order number: | 13/1999 |
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| Associated Tree Preservation Order title: | 11 Heath Park Drive, Leighton Buzzard |
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| Date received: | 15
/ 06
/ 2022 |
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| Registration (validation) date: | 16
/ 06
/ 2022 |
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| Consultation start date: | 16
/ 06
/ 2022 |
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| Location: | 11 Heath Park Drive, Leighton Buzzard, LU7 3BF |
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| Description: | Works to a tree protected by Tree Preservation Order No. 13/1999 (T6): Fell dead Cherry tree (marked as T6 on TPO plan). |
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| Case officer: | not
available |
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| Status: | Decided |
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| Agent: | |
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| Press date: | Not required |
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| Site Notice date: | Not required |
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| Neighbours | Received: 0 |
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| and representees: | In Favour: 0 |
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| Click here for a list | Against: 0 |
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| Petitions: 0 |
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| Officer site visit date: | No date |
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| Committee site visit date: | Not required |
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| Committee meeting date: | Not required |
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| Decision level: | Officer Delegated |
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| Date decision made: | 08
/ 08
/ 2022 |
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| Decision: | Preserved Tree - Grant Consent |
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| Conditions or reasons: | 1)
This consent relates only to the following works:
T6 Cherry tree (as listed under TPO No. 13/1999)
Tree to be felled to ground level
REASON:
The application has been supported by photographs showing the dead tree, which was noted to be in an advanced state of decay and heavily covered in thick Ivy growth. The Ivy growth is of particular concern, as it would add extra weight and wind resistance on an already weakened and defective branch structure. The application is also supported by an arboricultural assessment and works quotation to confirm the dead condition of the tree, which was provided by a local tree surgeon. The LPA will therefore accept this as being sufficient to justify the tree being felled.
2)
All works for which consent is granted shall comply with British Standard BS 3998:2010 "Tree work - Recommendations". Any works which do not comply with those granted consent or which are not in accordance with the above mentioned British Standard may result in action by the Local Planning Authority against the owner of the tree and the contractor.
REASON: To ensure that felling work is in accordance with good arboricultural practice, so that adjacent trees are not damaged in the course of felling operations.
3)
Prior to the commencement of the works, it will be the responsibility of the owner/applicant to ensure that the appointed tree gang is fully aware and understands the work specification and all attached conditions. Failure to comply with these may lead to prosecution by the authority.
REASON: To ensure the compliance of the work specification.
4)
The tree to be felled shall be replaced by a new tree of "standard" size (8 to 10cm girth) of similar species and planted within the property during the planting season current to, or immediately following the removal of the felled tree. A full planting season shall mean the period from October to March, and the tree shall be maintained until satisfactorily established thereafter.
The replaced tree may be of such other size, species, location or planting period as agreed in writing with the Local Planning Authority.
If, within a period of five years from the date of planting, the tree (or any other tree planted in replacement for it) is removed, uprooted or destroyed or dies, another tree of the same size and species shall be planted at the same place, or in accordance with any variation for which the Local Planning Authority give their written consent.
REASON: To ensure the planting of replacement trees in the interests of visual amenity, and to comply with the legal requirement stipulated under Section 206 (1) of the Town and Country Planning Act 1990, which places a duty on the property owner to replace protected trees which are being felled because they are dead and/or dangerous.
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| Informative notes: | 1)
All terms contained in this decision are as defined in the British Standards BS 3998:2010 "Tree work - Recommendations".
2)
You are asked to ensure that a copy of this decision is with the contractor or foreman on site when this work is carried out. This will avoid any possibility of confusion or misunderstanding should one of the Councils officers, or a Council member, have reason to ask whether the requisite consent has been obtained.
3)
With regard to the required planting of a replacement tree, please advise the Council when such works have been carried out in order that the condition can be discharged .
4)
Certain characteristics exhibited by some dead and heavily Ivy covered trees have potential to harbour bat roosts, and under current statute legislation it is an offence to harm, disturb or alter such roosts. Therefore, if the presence of bat roosts is suspected, the owner is required to contact an appropriate ecological consultant for assistance when planning the felling work. Such assistance can be obtained from the Institute of Ecology and Environmental Management who can be contacted on 01962 868626 or www.ieem.org.uk . Further assistance can also be obtained from The Bat Conservation Trust who can be contacted on 0845 1300 228 or www.bats.org.uk.
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| Appeal received date: | This case has no appeals against it |
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