Decision details

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any 

of the Town and Country Planning Legislation including: 

to determine whether or not to take and/or to cease action whether because in 

his/her opinion the breach is trivial, there is insufficient demonstrable harm and/or, it 

is not expedient to take / continue to take action 

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place. 

The initial report was raised by the Tree Team following the observation of unauthorised works within the garden of Beechfield Grove. A preliminary site visit identified a single fallen tree, which had collapsed several years ago during a storm. Further correspondence with the Tree Team clarified that the concern related to lower-level pruning of trees protected by a Tree Preservation Order (TPO).

A second site visit was conducted, during which this information was shared with the homeowner. Upon confirming the date of the reported works, it was established that the pruning had been carried out by builders working on the adjacent new-build property, and not by the owners of Beechfield Grove.

The TPO trees remain in excellent condition and show no signs of damage or adverse impact from the works. Both the owners of Drey House and Beechfield Grove are aware of the legal constraints associated with TPO trees and the conservation area designation. They are currently engaged in discussions with the Tree Team regarding a large leaning tree located behind both properties and are preparing a future application to prune overhanging branches that pose a risk to agricultural and construction vehicles.

Given that no harm has occurred to the protected trees, it is not considered expedient to pursue enforcement action against the builders responsible for the original pruning works.

The alternative option would be to invite a retrospective application. However, due to this matter being of low planning harm, it is not expedient to pursue formal action. This is in line with Government guidance which suggests that Local Planning Authorities should act proportionately in responding to suspected breaches of planning control.

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