Protected Trees: Hybrid Black Poplars: Rue des Pres Trading Estate, St. Saviour

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A decision made 30 November 2012:

Decision Ref:	MD–PE–2012-0122
Subject:	List of Protected Trees: Hybrid Black poplars at Rue des Pres Trading Estate, St Saviour
Decision Summary Title:	DS – List of Protected Trees; Hybrid Black poplars at Rue des Pres Trading Estate, St Saviour
DS Author:	Director	File reference:	T/2012/007
DS Date:	15 Nov 2012	DS Status:	Public
Written Report Title:	WR – List of Protected Trees; Hybrid Black poplars at Rue des Pres Trading Estate, St Saviour
WR Author:	Director: Policy, Projects and the Historic Environment
WR Date	15 Nov 2012	WR Status:	Public
Oral Rapporteur:	Director: Policy, Projects and the Historic Environment
Decision(s):	The Minister confirmed the addition of 26 hybrid Black poplars at Rue des Pres Trading Estate, St Saviour to the List of Protected Trees.
Reason(s) for Decision:	the 26 hybrid Black poplars (Poplus nigra) at Rue des Pres Trading Estate, St Saviour are of sufficient amenity value to warrant their addition to the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002; the Listing of the trees will provide the Minister for Planning and Environment with an ability to ensure that the environmental quality and amenity of the area is safeguarded through the regulation of any removal and replacement of the trees to be protected.
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:	Serve notice of the Minister’s confirmation of the addition of the tree(s) to the List of Protected Trees
Signature:
Name and Position:	Deputy RC Duhamel, Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Protected Trees: Hybrid Black Poplars: Rue des Pres Trading Estate, St. Saviour

		Item No:
		Date:

DEPARTMENT OF THE ENVIRONMENT

List of Protected Trees

Hybrid Black poplars

Rue des Pres Trading Estate, St Saviour

Purpose of the Report
This purpose of this report is to provide the Minister with an opportunity to determine whether to add the 26 hybrid Black poplars at Rue des Pres Trading Estate to the List of Protected Trees.

Background
The Transport and Technical Services Department has submitted a report (at appendix 1) relating to the proposed removal of all 26 poplars which line the main avenue at Rue des Pres (aerial image at appendix 2) on the basis that the trees are causing actual damage to property and potential risk to persons, mainly as a result of the hazards caused following damage to property.

The Minister has expressed an intention to List these trees (MD-PE-2012-0085) to which T&TS have formally objected for the reasons set out in their original report (at appendix 1)

Discussion and recommendation
The Transport and Technical Services Department’s paper, at appendix, 1 sets out the issues posed by the presence of these large and imposing trees which line the entrance to Rue des Pres Trading Estate. Despite previous attempts to manage the challenges presented by the trees, T&TS considers that there is little option but to remove and replace them with a more appropriate tree species that is less likely to cause damage to property in this environment.

The Arboricultural Officer has assessed the trees (at appendix 3) and considers that whilst their amenity value warrants their addition to the List of Protected Trees, the high risk posed by the trees to property does not justify their protection.

Issues

There are a number of issues that require consideration in light of the information that has been presented:

Amenity value

The purpose of the Minister’s ability to regulate the management of Protected Trees is to protect the amenity of the Island. Where trees are not Listed, the Minister is unable to regulate their management and/or their replacement.

It is clear that these trees have a high amenity value and make a significant contribution to an area that would otherwise lack much in the way of environmental quality. Whilst T&TS have expressed a clear intent to develop and implement a replacement plan, the Minister for Planning and Environment would not exercise any control over this in the event that the existing trees are not added to the List of Protected Trees and, in this respect, would remain unable to ensure that the environmental quality of any replacement planting plan was deemed to be appropriate.

Process

Whilst not itself material to the decision about the amenity value of the trees, the addition of these trees to the List would require the submission of an application to remove them, which would ensure an open and transparent process for consideration of their management and their replacement in which all stakeholders would have an opportunity to engage.

Risk and precedent

This case is not dissimilar to that arising at the Victoria Cottage Homes where the Housing Department were proposing to remove a number of well-established and prominent beech trees. In that case (MD-PE-2012-0034) the Minister resolved not to List the trees, however, in that instance the trees were diseased and posed an immediate danger, represented by the potential failure of limbs falling onto the adjacent highway, and were to be removed imminently as a consequence of that risk.

In this case, whilst the risk to property and persons is acknowledged and real, it is capable of alternative management. It is also the case that the pressure for the use of space at Rue des Pres is intense and, whilst T&TS have prepared preliminary proposals for a replacement planting and hard landscaping of the roadside at the trading estate, these plans remain to be finally determined.

On the basis of the above, it is recommended that the Minister for Planning and Environment Lists the 26 hybrid Black poplars at Rue des Pres Trading Estate because they are of sufficient public amenity value to warrant their addition to the List of Protected Trees, and that there are also other factors, as set out above, which would support their inclusion on the List at this time.

Reason(s) for recommendation

the 26 hybrid Black poplars (Poplus nigra) at Rue des Pres Trading Estate, St Saviour are of sufficient amenity value to warrant their addition to the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002;
the Listing of the trees will provide the Minister for Planning and Environment with an ability to ensure that the environmental quality and amenity of the area is safeguarded through the regulation of any removal and replacement of the trees to be protected.

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

Update the List of Protected Trees

Serve Notice on the owner;

Kevin Pilley
Director: Policy, Projects and the Historic Environment

Appendices:

Report from Transport and Technical Services Department dated 16 July 2012
Aerial image
Advice from Arboricultural Officer (dated 18 July 2012)

T-2012-007
15/11/12