| Conditions / Reason for Refusal: |
Reasons for Refusal (with lesser consented works).
Rotherham Metropolitan Borough Council refuses the works for the following reason(s):
1. RMBC considers all tree works applications against industry best practice, as detailed in the latest edition of British Standard 3998 and Local Plan policy SP33 ‘Conserving and Enhancing the Natural Environment’ which states that: “The Council can protect individual and groups of trees by the declaration of Tree Preservation Orders where it is important in the interest of amenity and there is reason to believe that trees are under specific threat.”
The proposed works go beyond the recommendations set out in British Standard 3998:2010 Tree Work – Recommendations, section 7.7.2 and therefore could lead to the decline in the amenity provided by the tree(s) to the local area. Healthy and structurally sound trees are capable of tolerating crown reductions of 30% of leaf volume, which is detailed as approximately 12% of branch length (allowing for variation in species). The proposed works go well beyond this maximum level and as no information has been provided to show special/exceptional reasons (subsidence damage, structural damage to the tree, etc.) for such a level of reduction the works are refused.
2. RMBC considers all tree works applications against industry best practice, as detailed in the latest edition of British Standard 3998 and Local Plan policy SP33 ‘Conserving and Enhancing the Natural Environment’ which states that: “The Council can protect individual and groups of trees by the declaration of Tree Preservation Orders where it is important in the interest of amenity and there is reason to believe that trees are under specific threat.”
An application to fell trees covered by a tree preservation order should be accompanied with evidence showing the need for the tree(s) removal. There should be a report showing:
a) That the tree(s) health or structural condition is so poor that pruning or other works can no longer retain the tree(s) in a safe condition.
No evidence has been provided stating that the lane cannot be repaired with the healthy tree remaining in situ, by way of possible root pruning or bridging over the root.
This requirement is clearly stated on the TPO application form (Section 8). As this evidence has not been provided within the application, Rotherham Metropolitan Borough Council refuses permission to remove the protected tree(s).
Conditions:
1. Consent is granted to the following lesser works.
T1 Maple Remove the lowest limb on the East side of the tree, Remove branch stubs from previous inexpert punning and crown lift to 3m above ground level (bank top).
T2, T3 and T6 Maple Remove branch stubs from previous inexpert punning and crown lift to 3m above ground level (bank top).
G7 Various Crown lift to 3m above ground level.
2. All tree works detailed in condition 1 shall be carried out in accordance with British Standard 3998: 2010, unless otherwise stated in the application.
3. Please note the authorised works should be completed within 2 years of the decision notice otherwise a new application for consent to carry out any non-exempt tree work will be required.
Informatives:
1. The proposed works appear to go beyond the recommendations set out in British Standard 3998:2010 Tree Work – Recommendations. Pruning that goes beyond recommended levels is likely to significantly damage a tree’s structure and place it into shock, leading to either rapid re-growth of the lost canopy or the tree falling into terminal decline (depending on the current health of the tree).
2. T4 and T5 within the submitted application do not have TPO restrictions placed upon them. However, they fall within Whiston Conservation area, as such a separate application (section 211notice) will be required for these trees.
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