Group of trees adjacent The Fernery, Vallee des Vaux, St. Helier, as list of protected trees

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A decision made 27 November 2009 regarding: Group of trees adjacent The Fernery, Vallee des Vaux, St. Helier, as list of protected trees.

Decision Ref:	MD–PE–2009-0183
Subject:	List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier
Decision Summary Title:	DS - List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier
DS Author:	Assistant Director
DS Date:	02 December 2009	DS Status:	Public
Written Report Title:	WR – List as Protected Trees: Group of trees adjacent The Fernery, Vallée des Vaux, St Helier
WR Author:	Assistant Director
WR Date	12 November 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director: Policy and Projects
Decision(s):	The Minister for Planning and Environment; was minded to include the group of trees adjacent The Fernery, Vallée des Vaux, St Helier on the List of Protected Trees; resolved to defer determination of this pending a site visit; authorized the further provisional Listing of the trees to ensure the protection of the trees during this time.
Reason(s) for Decision:	The amenity value of the group of trees adjacent The Fernery, Vallée des Vaux, St Helier, as assessed, relative to the criteria for selection, potentially justifies its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and; the Minister wished to determine which trees were worthy of protection; the Minister wished to ensure that none of the trees were removed or damaged without his consent in the interests of amenity
Legal and Resource Implications:	Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees those trees which the Minister is satisfied, in the interests of the amenity of Jersey, should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission.
Action required:	Notify the owner Update the List of Protected Trees Notify Development Control
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Group of trees adjacent The Fernery, Vallee des Vaux, St. Helier, as list of protected trees

PLANNING AND ENVIRONMENT

List of Protected Trees

Group of trees adjacent The Fernery, Vallée des Vaux, St Helier

Purpose of the Report

To enable the Minister to determine whether to add the group of trees adjacent The Fernery, Vallée des Vaux, St Helier to the List of List of Protected Trees.

Background

The intention to undertake tree management work to a group of trees adjacent The Fernery, Vallée des Vaux, St Helier was brought to the attention of the department. These trees, whilst not of significant amenity value individually, form part of a ‘finger’ of woodland that extends from Vallée des Vaux providing a green wooded slope and backdrop to development at the foot of Trinity Hill (details at appendix 1).

On the basis of the apparent amenity value of the trees and the potential threat of extensive tree management works, a Notice was served by the Department on behalf of the Minister, under delegated authority under the auspices of Article 60 of the Law upon the owner’s managing agent. This provisionally added the trees to the List of Protected Trees and thus providing an ability to regulate any work whilst enabling an opportunity for representations to be made. The provisional notice has since lapsed, but the notice has been effective and the Minister is able to consider matters arising as a result. A representation has been submitted on behalf of the owners and is attached at appendix 2.

Discussion

The owners object to the Listing of these trees on the grounds that they have no rarity value or historical association and possess no exceptional landscape value and are not important in a large composition.

The Arboricultural Officer has assessed the trees, which comprise a mix of Evergreen oak, Bay laurel, English oak, Sycamore and other species, and is of the view that the trees are of amenity value as they are an important as part of the woodland backdrop in this locality. A Helliwell Assessment has been undertaken (at appendix 3) to assess the group of trees against relevant criteria and this produces a score of 288, which would support the Listing of the trees (a score of 100 is the threshold above which trees would normally be recommended for Listing).

In planning terms, it is clear that these trees provide an important green backdrop and visual amenity to this edge of the town and also serve to screen residential properties at the top of the slope whilst providing privacy to development at the foot of the slope. The area is presently designated as Countryside Zone in the current Island Plan and is proposed as Green Zone in the draft Island Plan presently out to consultation.

The proposal to List these trees as Protected Trees does not preclude their management but would seek to ensure that their amenity value is appropriately considered relative to any management proposals.

Legal and resource implications

Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees those trees which the Minister is satisfied, in the interests of the amenity of Jersey, should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission.

Recommendation

On the basis of the above, it is recommended that the Minister add the group of trees adjacent The Fernery, Vallée des Vaux, St Helier to the List of Portected Trees.

Reason(s) for Decision

The amenity value of the group of trees adjacent The Fernery, Vallée des Vaux, St Helier, as assessed, relative to the criteria for selection, justifies its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;

It accords with the States Strategic Plan commitment of protecting and enhancing the Island’s natural environment.

Action Required

Notify the owner
Update the List of Protected Trees
Notify Development Control

Written by:

Kevin Pilley

Assistant Director (Policy and Projects)

Approved by:

Peter Thorne

Director (Planning and Building Services)

Attachments: Appendix 1: plan and photographs

Appendix 2: representation dated 18 May 2009

Appendix 3: Helliwell Assessment dated 11 November 2009

File ref T/2009/0026

Date 12 November 2009