Agenda item

We received a report to consider the confirmation of provisional Tree Preservation Order numberMCC273 (2017) without modification.

Members were informed that the woodland to which this tree preservation order (TPO) relates is growing on land in the ownership of Persimmon Homes, Cardiff. Persimmon were one of the original developers of Bayfields, Chepstow.

The intention was for this land and its trees to be transferred to Monmouthshire County Council and maintained thereafter at the Council’s expense. Persimmon Homes was required to pay the Council a sum of money equivalent to twenty years the annual cost of maintenance in the form of a commuted sum. It is understood that Persimmon Homes has refused to comply with this requirement and therefore the land remains in its ownership.

Over the years, a number of trees on this land have, for various reasons, been pruned or removed. There have been numerous complaints from concerned residents that the visual appeal of the woodland was being eroded.

During November 2017, officers from the Council’s Landscape Unit held a site meeting with residents and the local Member to discuss the future of this plot of land. In view of the fact that Persimmon Homes had little or no interest in the trees, it was perceived that they would have little interest in retaining them either and would, in all probability, take no action if trees were removed. There is also the possibility that this land is being retained in order to pursue infill development at a later date. Consequently, officers considered that the making of a TPO would be expedient.

In 2014, Natural Resources Wales (NRW) produced the world’s first study into urban tree canopy cover. The report assessed the square meterage of canopy spread within each town’s total area in order to arrive at a percentage. Monmouthshire, despite being perceived as a “green” county fell below the national average for urban tree coverage.

Taking into account the factors identified plus the statutory duty placed upon local planning authorities under the Town and Country Planning Act 1990 to protect trees, a TPO was prepared and served upon the landowner. In line with the legislation copies of the TPO were also sent to residents whose properties shared a common boundary with the woodland.

Three letters of objection to the TPO had been received.   

Having considered the report, the following points were noted:

·         In response to a question raised by the local Member, the Head of Legal Services informed the Committee that Persimmon Homes would have entered into a Section 106 Agreement with Monmouthshire County Council regarding this site.  One of the intentions within the agreement was that Persimmon Homes would transfer that piece of land to the Authority and, in doing so, would grant the Authority a commuted sum.  However, Persimmon Homes has not done this.  The Authority could write to Persimmon Homes to ascertain its intentions regarding this piece of land, if this matter has not already been undertaken. The final solution would be that the Authority could commence litigation against Persimmon Homes.

·         A Section 215 unsightly land notice could be served on Persimmon Homes with a view to the landowners having to maintain and keep the site in a tidy condition.  Members supported the implementation of this notice.

·         As a group of trees on the site, they make a very pleasing visual aspect and benefit the area ecologically.

·         The TPO will allow for maintenance of the trees to be undertaken in a professional manner.

·         Concern was expressed that Persimmon Homes had not paid the Authority the commuted sum.

·         It was noted that Persimmon Homes was not in breach of a legal requirement yet. However, it would be beneficial if the land came into the ownership of the Authority, as it would have control over the land in the future. The Head of Planning, Housing and Place Shaping could liaise with the landowner again regarding ownership of the land.

It was proposed by County Councillor M. Feakins and seconded by County Councillor A. Webb that Tree Preservation Order number MCC273 (2017) be confirmed without modification and that a Section 215 unsightly land notice be served on Persimmon Homes with a view to the landowners having to maintain and keep the site in a tidy condition.

Upon being put to the vote, the following votes were recorded:

In favour of the proposal                -           12

Against the proposal                       -           0

Abstentions                                       -           0

The proposition was carried.

We resolved that Tree Preservation Order number MCC273 (2017) be confirmed without modification and that a Section 215 unsightly land notice be served on Persimmon Homes with a view to the landowners having to maintain and keep the site in a tidy condition.