PLANNING AND ENVIRONMENT
List of Protected Trees
Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea)
on land at Linden House, Bagatelle Road, St Saviour
Purpose of the report
To enable the Minister to consider whether to add an Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour to the List of Protected Trees.
Background and discussion
As a result of a planning application for the development of two new dwellings in the garden of Linden House (P/2011/1428), and potentially adverse implications for two mature trees on the site involving an Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) (location plan and images at appendices 1 and 2 respectively), a Notice of Provisional Listing of these trees was served on the owner of this property on 13 January 2012.
Representations have subsequently been received from the owner’s agents (set out at appendices 3 and 4) which essentially set out a case for the removal of the Purple beech tree on the grounds that it is diseased, decaying and, therefore, potentially dangerous given its location immediately adjacent to a public highway.
Any such representation would normally be considered by the Minister at a public meeting. Owing to the potential risk posed by the beech tree, and the owner’s desire to fell it (before 01 March prohibition on felling during the bird breeding season), this matter has been brought, with the owner’s agreement, to the Minister’s attention as soon as possible.
The States Arboricultural Officer has surveyed both trees on the site and has reviewed the representations submitted by the owner’s agents (see survey and comment on representations at appendices 5 and 6). The Arboricultural Officer concurs with the views expressed that the beech tree is diseased (albeit he does not accept some of the bases presented for the onset of disease in the tree and the risk posed by beech trees in general), and that, given its location close to a public road, ought to be removed on the grounds of safety.
The representations submitted do not seek to challenge the Listing of the Cedar on the basis that its amenity value is recognised and accepted and it is considered to be in good health.
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, and having regard to the material considerations set out in the appendices, it is recommended that the Minister for Planning and Environment:
- Confirms the Listing of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour
- Does not confirm the Listing of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, and endorses its removal from the List of Protected trees
Reason(s) for Decision
- The amenity value of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour, 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;
- Whilst the amenity value of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, as assessed, relative to the criteria for selection, would justify its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002, the fact of its diseased condition and potential risk to safety is an overriding consideration.
Action Required
- Notify the owner
- Update the List of Protected Trees
- Notify Development Control
Written by: | Kevin Pilley Director (Policy and Projects) |
Attachments:
Appendix 1: location plan
Appendix 2: images
Appendix 3: representation from Bruce Labey Landscape Architecture
Appendix 4: representation from Channel Island Tree Services Ltd dated 13 Feb
Appendix 5: Arboricultural Officer’s surveys dated 09 January
Appendix 6: Arboricultural Officer’s review of representations dated 07 Feb
File ref T/2012/0001
Date 23 February 2012