Agenda item

Tree Works Application to remove trees at woodland, Tree Preservation Order (TPO) 38/2/05 at Dinah’s Hollow, Melbury Abbas.

The Head of Planning explained that due to an administrative error, interested parties had not been notified in advance of the committee meeting held on 2 September 2024. The application was therefore being reported back to the Strategic and Technical Planning Committee on 30 September 2024.  No formal decision had been issued from the previous decision made on 2 September 2024.

An update had been received from the applicant which is attached as an appendix to these minutes.

The Head of Planning detailed the background of the application for tree works only at Dinah’s Hollow, which was subject to a Tree Preservation Order (TPO)  The applicant was Dorset Council in it’s capacity as Highways Authority.  Cabinet had approved funding for the stabilisation works at it’s meeting of 9 July 2024, this included taking the necessary steps for submission of a Compulsory Purchase Order (CPO) to the Secretary of State.

The key elements of the proposal were summarised, a correction to the number of trees was highlighted and confirmed that 80 trees were to be felled, 38 coppiced and 100 retained without coppicing.

By way of a visual presentation the site location was highlighted showing it’s proximity to Shaftesbury and Blandford.  The Head of Planning advised that a further representation had been received from Melbury Abbas & Cann Parish Council. 

A summary of the key considerations identified, and details of the landscape were presented.  An additional consideration of the application was ecology and a separate licencing process would have to be agreed with Natural England. The approval of tree works was sought in order to proceed with the CPO which could take 18 months to 2 years, during which time there could be changes to the ecology and protected species, it was therefore proposed to add a condition requiring all licences be in place prior to commencement of work.

Other considerations taken into account were heritage, it was considered that the tree works would have no adverse effect on the listed building “Spring House”, amenity and consideration of alternative options.

The Senior Tree Officer explained the details of the proposal and the reasons behind the reduction in the number of trees being removed from the original application.  A visual presentation indicated the trees to be removed and coppiced, the majority were juvenile trees, midway and lower down the bank.  Their removal would allow the stabilisation of the hollow and coppice regeneration.  If left the trees would become leggy and have an overbearing effect on the Hollow.  A concrete barrier had already been put in place to prevent further slippage onto the road.

Disregarding the highway scheme a number of trees needed to be coppiced to prevent them collapsing.  Coppicing allowed for future re-generation and was an ancient form of woodland management.  A number of larger trees to be felled were also pointed out to the members, these needed to be addressed in terms of good woodland management and highways safety.

The Head of Planning concluded the presentation and the recommendation to grant subject to conditions and consent for a 5 year period.

Oral representation in objection to the application was received from Richard Burden on behalf of Cranborne Chase National Landscape and David Webber the Chair of Melbury Abbas & Cann Parish Council.

Jack Wiltshire – Head of Highways for Dorset Council, the applicant addressed the committee in support of the application.

In response to member questions the Senior Tree Officer advised that there should be no negative impact on the fungi in the tree roots.  The work to be carried out on the east and west side of the Hollow was to be carried out at the same standard and as part of good woodland management as well as being part of a cog in the wider stabilisation scheme.  Officers had looked at alternative options and that had resulted in the reduction of the removal of 80 trees, down from 90.

Having heard no additional information to persuade him to sway from the officer recommendation it was Proposed by Cllr Flower and seconded by Cllr Coombs.

Decision: That the tree works application be GRANTED subject to the following conditions:

• Works may only be carried out directly in advance of, and in conjunction with the Dorset Council Dinah’s Hollow Slope Stabilisation project.
• Work to be undertaken in accordance with BS 3998:2010 Tree works – recommendations, BS 5837: 2012 Trees in relation to design, demolition and construction and the Wildlife and Countryside Act 1995.
• Any works identified in addition to the works outlined in the Arboricultural Impact Assessment and Arboricultural Method Statement dated 14^th August 2024 will be subject to a further application.
• The tree works shall be undertaken in accordance with the Dorset Council Impact and Arboricultural Impact Assessment and Arboricultural Method Statement dated 14.08.2024 and combined tree works plans 1 and 2 August 24. 
• This consent is given only in accordance with the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012. It does not override any other statutory or non-statutory controls which may exist; you and/or your agent are responsible for compliance with any other relevant legislation. Wildlife and habitat controls are administered by Natural England who can be contacted on 0300 060 3900. It is an offence under the Wildlife and Countryside Act 1981 to disturb roosting bats, nesting birds or other species protected by this Act. All required licences must be in place prior to work commencing.
• All work to be carried out in its entirety within five years of the date of this decision.

Informative:

National Planning Policy Framework Statement In accordance with paragraph 38 of the NPPF the council, as local planning authority, takes a positive approach to development proposals and is focused on providing sustainable development. The council works with applicants/agents in a positive and proactive manner by: - offering a pre-application advice service, and - as appropriate updating applicants/agents of any issues that may arise in the processing of their application and where possible suggesting solutions. In this case: - The applicant/agent was updated of any issues and provided with the opportunity to address issues identified by the case officer.