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Protected Tree: Monkey Puzzle at New Morley, Rue de la Guilleaumerie, St. Saviour

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made 11 November 2011:

Decision Ref:

MD–PE–2011-0111

Subject:

List of Protected Trees: Monkey puzzle at New Morley, Rue de la Guilleaumerie, St Saviour

Decision Summary Title:

DS - List of Protected Trees: Monkey puzzle at New Morley, Rue de la Guilleaumerie, St Saviour

DS Author:

Director

DS Date:

08 November 2011

DS Status:

Public

Written Report Title:

List of Protected Trees: Monkey puzzle at New Morley, Rue de la Guilleaumerie, St Saviour

WR Author:

Director

WR Date

08 November 2011

WR Status:

n/a

Oral Rapporteur:

Director

Decision(s):

The Minister resolved to retain the Monkey puzzle tree (Araucaria araucana) at New Morley, Rue de la Guilleaumerie, St Saviour on the List of Protected Trees

Reason(s) for Decision:

  1. the Monkey puzzle tree (Araucaria araucana) at New Morley, Rue de la Guilleaumerie, St Saviour is of sufficient amenity value to warrant its retention on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002;
  2. none of the objections raised are sufficiently relevant or substantial to warrant the tree’s removal from the List.

Legal and Resource Implications:

The Minister is empowered to add buildings or places to the List of Sites of Special Interest where he is satisfied they have public amenity value, having considered all relevant material considerations as set out in the Law.

In adding a tree to the List the Minister is then able to control the management of any Listed tree on the basis of its amenity value.

Action required:

  1. Update the List of Protected Trees;
  2. Notify the owner;
  3. Notify Development Control

Signature:

 

 

Position:

Deputy RC Duhamel, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

Protected Tree: Monkey Puzzle at New Morley, Rue de la Guilleaumerie, St. Saviour

 

 

Item No:

 

 

Date:

 

DEPARTMENT OF THE ENVIRONMENT

 

List of Protected Trees

Monkey puzzle

New Morley, Rue de la Guilleaumerie, St Saviour

 

Purpose of the Report
This purpose of this report is to provide the Minister with an opportunity to determine whether to retain a Monkey puzzle tree (Araucaria araucana) at New Morley, Rue de la Guilleaumerie, St Saviour (location plan (1(a) and image 1(b) appendix1) on the List of Protected Trees.

Background
Following consideration of receipt of a complaint about the potential loss of a Monkey puzzle tree at New Morley, from a concerned neighbour (appendix 2), this tree was provisionally added to the List of Protected Trees on 23 August 2011.

Notice was duly served on the owners of the tree, providing them with a formal opportunity to make representations relative to the provisional Listing.

Discussion and recommendation
The tree was already the subject of assessment, following a request to review its amenity value with a view to listing, at the request of Jersey Trees for Life. The States Arboricultural Officer had already visited the site and was able to provide his advice in terms of the tree’s amenity value (at appendix 3). His professional recommendation is that the tree is of sufficient amenity value to warrant its retention on the List.

The owners of the tree have submitted a representation (at appendix 4) setting out the basis for the tree’s removal, relative to their particular concerns.

The concerns that have been raised by the tree’s owners have been referred to the Arboricultural Officer for his professional advice, which is summarised, relative to each point raised, below:

The root spread of the tree will cause damage to the foundations of the building, services and an adjoining wall. Their builder has offered advice to this effect;
In my experience structural damage caused by trees to properties is normally when they are growing on shrinkable London clay soils which Jersey is lucky enough not to have.   The process of the moisture being drawn out of the clay soil by the tree roots shrinks the soil then the building subsides into the void.  To my knowledge I have not come across or heard of any proven cases where buildings have subsided due to tree root activity in Jersey.   

Services can be different as trees only take advantage of natural faults in pipes.  For example if the pipe joints are weak or moisture comes out of a fault then roots can soon grow towards them.  If there is no leakage of moisture a tree root could not detect moisture within a pipe therefore not be capable of causing damage.  Regular maintenance of pipes and checking will reduce the risk. 

As to walls and patios tree roots are adventurous and will take advantage of poor foundations thus damage may accrue only if roots take advantage.  These can be easily fixed along with any preventative measures put in place not to allow future damage.   

At the time of my survey there was nothing to indicate to me that damage had occurred.  

The tree could be blown down in high winds and it poses a risk to their dwelling;
This could be said of any structure or tree but at the time of my survey there was nothing which pointed towards the tree being unsafe.  Trees do not want to blow over so all trees anchor themselves sufficiently it is only when defects occur then trees fail.  Annual tree inspections are required to reduce any risk

A scratch from the tree, or treading on fallen leaves, poses a serious health hazard. They suggest that an untimely death resulted from a scratch from a monkey puzzle tree.
I have never come across any literature which would suggest that this species of tree are poisonous, I also have checked on line and can not find anything about this species of trees which would vindicate the above.   The tree does have extremely shard points to its leaves which could scratch but no poisoning.    

It is relevant to note that the tree does form something of a local landmark and, in view of its potential for growth, is likely to become more prominent. Rue de la Guilleaumerie, whilst only a parish by-road, is part of Route 3 of the Island Cycle Network (St.Ouen to Gorey, with a link to Durrell) and is thus used by tourists and locals alike.

The Listing of the tree does not preclude its management or removal in the future: it just ensures that the amenity value of the tree is a material consideration in any proposals to do so.

On the basis of the above, it is considered that the tree is of sufficient public amenity value to warrant its retention on the List of Protected Trees, and that none of the objections raised are sufficiently relevant or substantial to warrant the tree’s removal from the List and it recommended that the Minister for Planning and Environment retains it on the List.

Reason(s) for recommendation

  1. the Monkey puzzle tree (Araucaria araucana) at New Morley, Rue de la Guilleaumerie, St Saviour is of sufficient amenity value to warrant its retention on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002;
  2. none of the objections raised are sufficiently relevant or substantial to warrant the tree’s removal from the List.

Legal and resource implications
The Minister is empowered to add buildings or places to the List of Sites of Special Interest where he is satisfied they have public amenity value, having considered all relevant material considerations as set out in the Law.

In adding a tree to the List the Minister is then able to control the management of any Listed tree on the basis of its amenity value.

Action Required

  1. Update the List of Protected Trees;
  2. Notify the owner;
  3. Notify Development Control

 

Written by:

Kevin Pilley, Director

Endorsed by:

 

 

Attachments:

  1. (a) Location Plan
  1. (b) Image
  2. Complaint from neighbour (dated 23 August 2011)
  3. Advice of Arboricultural officer (dated 22 August 2011)
  4. Representation from owner (dated 14 September 2011)

 

 

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