Protected Trees: Blue Atlas Cedar at Les Hommets, La Grande Route de la Cote, St. Clement

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A decision made 29 June 2012:

Decision Ref:	MD–PE–2012-0069
Subject:	List of Protected Trees: Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement
Decision Summary Title:	DS - List of Protected Trees: Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement
DS Author:	Director	Ref:	T/2012/004
DS Date:	21 June 2012	DS Status:	Public
Written Report Title:	WR – List of Protected Trees: Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement
WR Author:	Director
WR Date	21 June 2012	WR Status:	Public
Oral Rapporteur:	Director: Policy, Projects and the Historic Environment
Decision(s):	The Minister for Planning and Environment confirmed the Listing of the Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement
Reason(s) for Decision:	The amenity value of the Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement, 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; The Listing of the tree does not preclude its future management and/or removal to deal with issues of overhanging and, where proven, ground subsidence: any such works would simply require the Minister’s permission to undertake such.
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 that the Minister is satisfied should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission in the interests of the amenity of Jersey.
Action required:	Notify owner Update the List of Protected Trees Notify Development Control
Signature:
Position:	Deputy RC Duhamel, Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Protected Trees: Blue Atlas Cedar at Les Hommets, La Grande Route de la Cote, St. Clement

		Item No:
		Date:

PLANNING AND ENVIRONMENT

List of Protected Trees

Blue Atlas Cedar (Cedrus atlantica 'Glauca') at

Les Hommets, La Grande Route de la Cote, St. Clement

Purpose of the Report

To seek to confirm the Minister’s intention to add a Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement (location plan and image at appendices 1 and 2) to the List of List of Protected Trees.

Background and discussion

In response to the potential removal of this prominent tree, the Department of the Environment provisionally Listed it, serving notice on the owner, on 05 March 2012, in order to provide an opportunity for representations to be made.

A representation has subsequently been received dated 21 March 2012 (at appendix 3).

As stated in the Arboricultural Officer’s report and assessment (at appendix 4), this tree is of significant amenity value on the basis of it’s scale and visual prominence on La Grande Route de la Cote. The tree is considered to be in good health and vigour.

The representation received from the owner of the tree, also supported by neighbours, is that the tree is considered to pose a potential threat to property and services; it overhangs adjacent property (at appendix 5); and that its deposition of needles is problematic: this is causing anxiety to the owner and adjacent residents.

The potential impact of the tree upon the ground conditions, specifically in relation to the matter of subsidence has also been raised: images (at appendix 6) show signs of cracking within the property. No substantive evidence has, however, been provided to link this matter with the presence of the tree and the Arboricultural Officer is of the view that this is unlikely to be proven given the general absence of shrinkable clay soils in the Island.

The Arboricultural Officer considers that the tree is in good health and that it can be appropriately managed to address the issue of overhanging without undue harm to the overall amenity value of the tree. The risk to property and any anxiety that this might cause are not material considerations and the Minister needs to consider the public amenity value of the tree.

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 all material considerations, the Minister is recommended to confirm the addition of the Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement to the List of Protected Trees.

Reason(s) for Decision

The amenity value of the Blue Atlas Cedar (Cedrus atlantica 'Glauca') at Les Hommets, La Grande Route de la Cote, St. Clement, 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;

The Listing of the tree does not preclude its future management and/or removal to deal with issues of overhanging and, where proven, ground subsidence: any such works would simply require the Minister’s permission to undertake such.

Action Required

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

Written by:

Kevin Pilley

Director: Policy, Projects and the Historic Environment

Attachments:

Appendix 1: location plan

Appendix 2: image

Appendix 3: representation dated 21 March 2012

Appendix 4: Arboricultural Officer’s report and assessment (dated 06 June 2012)

Appendix 5: images of overhanging

Appendix 6: images of cracking at property

File ref T-20120-004

Date 21.06.12

C:\scp\ora_dc\MWR.DOC