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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Application to remove mature Oak tree.

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.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (03/03/2008) regarding: Application to remove mature Oak tree.

Decision Reference:  MD–PE–2008-0044

Decision Summary Title :

DS – Category A Housing Development at Bel Royal – Application to Remove Roadside Oak.

Date of Decision Summary:

25th February 2008

Decision Summary Author:

Roger Corfield

Principal Planner: Policy and Projects

Decision Summary:

Public or Exempt?

Public

Type of Report:

Written and Oral

Person Giving Oral Report:

Roger Corfield

Principal Planner

Written Report

Title :

Category A Housing Development at Bel Royal, St. Lawrence – Application to Remove Roadside Oak

Date of Written Report:

25th February 2008

Written Report Author:

Roger Corfield

Principal planner

Written Report :

Public or Exempt?

Public

Subject:  An application from the developer dated 30th January 2008 for the felling of a mature roadside oak tree adjacent to St. Peter’s Valley Road (Tree No. 54 – Quercus Robur), which is presently on the ‘List of Protected Trees’, but which has recently been downgraded to the lowest retention value.

Decision(s):

The Minister for Planning and Environment decided to approve the felling of tree no. 54, on condition that:

  1. the tree is felled at the earliest opportunity before the 1st March 2008 (N.B. normally associated with the start of the bird nesting season);
  2. the tree does not contain protected nests that are in use or being built;
  3. there is independent verification that the tree does not contain protected nests;
  4. the wood from the felled tree is given over to a good cause, to the satisfaction of the Minister;
  5. the tree is replaced by the planting of a mixed woodland of 50 native trees at the southern end of Field 853 and by 5 previously pledged semi-mature oak trees (Quercus Robur) adjacent to the approved grassed play area;
  6. that the species used in the woodland shall comprise an agreed mix from the following:                      

                         - Alnus spp    (Alder)

                         - Betula nigra ‘River Birch’    (Birch)

                         - Carpinus betulus ‘Frans Fontaine’    (Fastigiate Hornbeam) – often  

                           understorey tree in oak wood

                         - Crataegus monogyna    (Hawthorn)

                         - Cretaegus prunifolia    (Thorn)

                         - Corylus avellana    (Hazel)  - characteristic shrub layer in oak woods

                         - Malus trilobata    (Crab Apple) – common in woodland edges

                         - Pyrus calleryana ‘Chanticleer’    (Pear)

                         - Quercus robur    (English Oak)

                         - Salix caprea    (Goat Willow)

                         - Salix cinerea    (Pussy Willow)

                         - Salix fragilis    (Crack Willow)

                         - Sorbus aria    (Whitebeam)

                         - Tilia cordata ‘Rancho’    (Lime)

  1. the size of the trees to be planted for the mixed woodland shall range from whips to extra heavy standards in a mix to be agreed by or on behalf of the Minister;
  2. details of the required mixed woodland are included in the detailed landscaping scheme to be submitted in accordance with Planning Condition 16.

 

N.B.  The Minister will continue to anticipate that the previous agreement with local political representatives in association with moving the tree in question to secure road improvements will continue to apply.  Namely that:

(i)  The Transport and Technical Services Department agrees to introduce a part-time 20mph speed limit in the vicinity of Bel Royal School, if it considers this appropriate as part of the ‘Safe Routes to School’ initiative; and

(ii)  The Planning Obligation Agreement for the adjacent Category A housing development shall include a requirement on the developer to provide funds for the installation and maintenance of speed activated flashing road signs to indicate the speed of traffic in both directions past the site.

Reason(s) for Decision:

  1. to enable the removal of a decaying and potentially dangerous tree, in accordance with the recommendation of the States Arboriculturalist;
  2. to reduce the potential risk of damage and injury to existing and approved properties, residents, road-users and passers-by should the tree fall;
  3. to avoid the retention of a decaying tree with limited life expectancy and little remaining amenity value;
  4. to reduce any undue potential detrimental impact on the birdlife of the area;
  5. to ensure the felled timber is put to good use;
  6. to ensure that the loss of the tree is compensated for in the required landscaping scheme for the Category A housing development, so as to: further enhance the appearance of the development; better assimilate the development into the landscape; and further enhance the amenity and wildlife value of the area;
  7. to enable road improvement works in the interests of highway and pedestrian safety;
  8. to assist the process of delivering the required Planning Obligation Agreement for the Category A housing development.

Resource Implications:

            None.

Action required:

  1. Inform the land owner, local political representatives, TTS and the Law Officer’s Department of the Minister’s decision.
  2. Inform concerned resident and owner of the property known as Bas du Mont.
  3. Issue a press statement to be circulated in advance of the felling of the tree.
  4. remove the tree from the ‘List of Protected Trees’.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed):

25 February 2008

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