Agenda item

To consider the above Tree Preservation Order for two trees taking into account any representations received in respect of the Order.

(Councillor Johnston returned to the meeting at this point)

The Committee gave consideration as to whether to confirm the making of the 111 Marine Avenue, Whitley Bay Tree Preservation Order 2023.

The Council had been notified of the intention to remove a number of trees to the front of 111 Marine Avenue, Whitley Bay.  In response the Authority had decided to make a Tree Preservation Order (TPO) to protect two of the trees, namely a Sycamore and a Cherry Tree at the location.  The Tree Preservation Order had been served on those people with an interest in the land in May 2023.

An objection to the TPO had been received from engineers acting on behalf of the insurance company investigating a claim for subsidence.  The objection concluded that the trees should be removed due to the damage caused to the property.  Additional information in relation to the damage caused to the properties had been submitted which had indicated that the damage had been caused by ground movement. The Committee had also been advised that permission had been granted for the removal of two trees located nearer to the property than the trees covered by the TPO. 

The Committee also considered further objections to the making of the TPO from the agent acting on behalf of the landowner and from the neighbours at number 113 Marine Avenue which had been set out in an addendum circulated in advance of the meeting.  Officer’s comments in relation to the additional information had also been included in a second addendum circulated in advance of the meeting.

The Committee considered the objections together with the comments of the planning officers and the Council’s Landscape Architect before deciding whether to:

a)    Confirm the TPO without modification;

b)    Confirm the TPO with modifications; or

c)     Not to confirm the TPO

The Chair proposed acceptance of the planning officer’s recommendation that the TPO be confirmed without modification.

On being put to the vote 9 members voted for the recommendation and 0 members voted against the recommendation.

Resolved that the 111 Marine Avenue, Whitley Bay Tree Preservation Order 2023 be confirmed without modification.

(Reason for decision:  The Committee was satisfied that the trees merited protection via a TPO due to the contribution they make to the amenity and character of the area.  The TPO did not prevent works being undertaken to the trees but ensured that any works carried out did not cause damage to the trees.    The protection of the trees by a TPO was in accordance with Policy DM5.9 trees, woodland and hedgerows of the adopted Local Plan.  Insufficient evidence had been provided that the roots of the trees had caused damage to the structure of the property.)