24-0851-TP - Dykebar TPO FINAL
Renfrewshire Council · 21 January 2025
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Report by Chief Planning Officer Planning and Climate Change Policy Board: 21 January 2025 Reference No 24/0851/TP Application Type Treeworks (TPO) Proposal Treeworks application to include tree removal and pruning Location Main Building and Grounds, Dykebar Hospital, Grahamston Road Ward 6 - Paisley Southeast Community Council Hawkhead and Lochfield Community Council Applicant Mrs Carolynne Penman CALA Management Ltd Recommendation Grant All plans, reports, documents and representations relating to this application can be viewed in full online at https://pl-bs.renfrewshire.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=SNPCY2MWM3W00. This report fulfils the requirements of regulation 16, Schedule 2, paragraphs 3(c) and 4 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. The report is presented to the Planning and Climate Change Policy Board in line with the Council's Scheme of Delegation. In this instance, the application would normally fall within the Council's scheme of delegation to be determined by an appointed officer. In this instance Councillors Bruce MacFarlane, Kenny MacLaren and Mags MacLaren have requested that the application be determined by the Board, rather than officers due to the trees being protected by a Tree Preservation Order (TPO) and NPF4 Policy. Proposal Tree works consent is sought for tree felling and pruning works along the north and east boundary of the Dykebar Hospital grounds, where planning permission was approved at appeal by the Scottish Government for the erection of 603 dwellinghouses in March 2023 subject to suspensive conditions (19/0810/PP - PPA-350-2-38). As part of the application a detailed tree survey and arboricultural constraint report (August 2018 and updated August 2020) which identified eleven woodland areas and five scrub woodland areas across the wider hospital site, totalling 13.22 Ha, in addition to recording 336 individual specimen trees. The tree felling approved across the wider site as part of planning permission 19/0810/PP equates to 5.68Ha or thereby of woodland, comprising of 207 individual trees. This application was also subject to an Environmental Impact Assessment during the appeal process. The tree removal for the current tree work application is identified within areas W2, W4 and W9 and would comprise of the removal of approx. 1.17Ha woodland removal and 24 individual trees. As detailed above, the tree works as detailed in the current application have already been approved as part of planning application (19/0810/PP). However, the applicant wishes to carry out advanced arboricultural works to prepare the site for the commencement of development at the most suitable time of the year to minimise ecological impacts. Given the presence of the TPO, works to protected trees cannot be implemented until such time as all pre- commencement conditions have been discharged. The applicant has therefore submitted the current application and if approved, will enable advanced arboricultural works to be undertaken both, in advance of all pre-commencement conditions being discharged and at the most suitable time due to ecological constraints. The trees are protected by virtue of being located within Dykebar East Tree Preservation Order (Ref:93/9).
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Site Description The trees included in the application are located along the north and east boundary of Dykebar Hospital grounds which is located to the south-east of Paisley, to the west of Grahamston Road. Pre-Application Consultation with Officers The Scottish Government strongly encourages constructive pre-application discussions between prospective applicants and the planning authority. Pre-application discussions seek to identify key planning considerations at an early stage and help inform what supporting information is required to support a subsequent application. No pre-application discussions have taken place. Negotiated Improvements Following submission, No changes have been negotiated. Site History The planning history for the site is as follows; if no history is listed then planning has no record of previous applications for the site. Application No: 22/0732/TP Description: Various works to multiple trees including felling of one Horse Chestnut and crown reduction of one Sycamore and one Ash Decision: Grant Application No: 24/0456/TP Description: Fell 1 x tree and treeworks to 3 x trees Decision: Grant subject to conditions Application No: 24/0678/NMV Description: Non-material variation of planning application 19/0810/PP to reposition apartment blocks, amend parking courts and include bin stances for apartment blocks Decision: Grant Application No: 24/0813/TP Description: Felling of seven trees Decision: Under Consideration Application No: 18/0392/NO Description: Erection of residential development with associated access and ancillary works Decision: Accepted; Application No: 19/0810/PP Description: Erection of 603 dwellinghouses with associated access, parking and landscaping. Decision: Refused Application No: 18/0491/EO Description: Request for a screening opinion for residential development. Decision: EIA not required
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Application No: 17/0828/TP Description: Removal of nine trees comprising four sycamore, four horse chestnut and one beech sapling and pruning works to 42 trees to include height reduction of one sycamore and one horse chestnut, crown reduction of one beech and one sweet chestnut and crown lift. Decision: Grant Application No: 15/0754/LB Description: Part demolition of hospital ward comprising the removal of walls and chimney stacks from front, sides and rear of building (in retrospect). Decision: Grant Application No: 15/0755/LB Description: Demolition of hospital ward. Decision: Grant Application No: 10/0339/PP Description: Change of use from former hospital ward to offices. Decision: Grant subject to conditions Application No: 09/0005/PP Description: Erection of external access ramps and internal alterations Decision: Grant subject to conditions Application No: 08/0817/PP Description: Erection of smokers' shelters, bike stand and ancillary works Decision: Grant subject to conditions Application No: 08/0947/TP Description: Felling of 12 no. trees and pruning of 4 no. trees Decision: Grant subject to conditions Application No: 09/0017/LB Description: Internal alterations and installation of new external ramps Decision: Grant subject to conditions Application No: 05/1344/PP Description: External alterations to form window openings from window and door openings. Decision: Grant subject to conditions Application No: 02/0548/TP Description: Crown lifting of 1 sycamore tree involving 4 branches. Decision: Grant subject to conditions Application No: 01/0587/PP Description: Erection of 22 dwelling houses (part amendment to planning consent 99/757/PP). Decision: Grant subject to conditions Application No: 05/1029/PP Description: Erection of 30 bed in-patient secure hospital facility. Decision: Grant subject to conditions
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Application No: 05/1061/TP Description: Various tree works to include felling of 7 trees, crown removal of 2 and pruning of 5 trees. Decision: Grant subject to conditions Application No: 95/1054/LB Description: Internal works to second floor to form six no. offices and separate toilet accommodation. Decision: Grant subject to conditions Application No: 95/0629/LB Description: Internal alterations and change of use of ward to form office. Decision: Grant subject to conditions Application No: 95/1133/PP Description: Erection of a conservatory as extension to day rooms. Decision: Grant subject to conditions Application No: 95/1224/PP Description: Extension and alterations to wards 1 & 2. Decision: Grant subject to conditions Application No: 94/1132/PP Description: Erection of a glazed courtyard canopy. Decision: Grant subject to conditions Application No: 94/1171/PP Description: Alterations and extension to existing hospital. Decision: Grant subject to conditions Application No: 93/1331/PP Description: Erection of extension to hospital offices. Decision: Grant subject to conditions Application No: 93/1310/PP Description: Extension to dayroom of Ward 8. Decision: Grant subject to conditions Application No: 94/0902/PP Description: Alteration and extension of wards 3 & 4. Decision: Grant subject to conditions Application No: 04/0163/PP Description: Erection of a single storey extension to north elevation of ward one incorporating new ramped entrance and reception area. Application No: 93/0965/TP Description: Felling of 50 trees. Decision: Permission Not required Application No: 93/0900/PP Description: Alterations to existing hospital ward to form office accommodation. Decision: Grant subject to conditions Application No: 93/0899/LB
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Description: Alterations to existing hospital ward to form office accommodation. Decision: Grant subject to conditions Consultations None. Representations The application has been publicised in line with the requirements of the relevant legislation. One representation was received where concerns were raised with regards to: - 1. Loss of trees through the development of the Dykebar Hosiptal site (19/0810/PP); 2. Up to date surveys should e in place by ecologists and protection measures in place to lessen impact on wildlife; 3. Contrary to NPF4 and Local Development Plan; 4. Concerns over accuracy of description for W4 within the Arboricultural Method Statement with regards to tree types; 5. Loss of recreational value. There are well used paths through the woodlands and they are not indicated on the Arboricultural Method Statement; 6. Loss of sense of arrival, Master Plan amended to retain trees at northern entrance to the housing development (19/0801/PP). The submitted Arboricultural Method Statement does not reflect this. Policy Context In making any determination under the Planning Acts, regard is to be had to the development plan unless material considerations indicate otherwise. In this instance the Development Plan consists of National Planning Framework 4 (NPF4) and the Renfrewshire Local Development Plan (2021) (LDP). The following provisions of the Development Plan are considered relevant to the determination of this application: National Planning Framework 4 Policy 6 - Forestry, woodland and trees Full details relating to the policies of the NPF4 can be found online. Renfrewshire Local Development Plan Policy ENV2 - Natural Heritage Full details relating to the policies of the LDP can be found online. Other relevant policies and guidance Renfrewshire New Development Supplementary Guidance - Delivering the Environment Strategy - Trees, Woodlands and Forestry Renfrewshire Planning & Development Tree Policy - 2022 The tree works approved under planning approval 19/0810/PP is also a material consideration. Submitted Reports and Assessments The following reports and assessments were submitted in support of the application: Tree Works Application Supporting Statement - Contains details of the planning history of the site, including details of TPO and proposed works.
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Documents that were approved as part of planning consent 19/0810/PP were also submitted including: - Arboricultural Method Statement, Dykebar Place Making Strategy and Dykebar Maintenance Plan. Scottish Ministers Direction In determining a planning application, the Council is required to provide details of any Direction made by Scottish Ministers under Regulation 30 (Directions requiring consultation), Regulation 31 (Directions requiring information), Regulation 32 (Directions restricting the grant of planning permission) and Regulation 33 (Directions requiring consideration of condition) of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, or under Regulation 50 (that development is EIA development) of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. None. Planning Assessment Section 159 of the Town and Country Planning (Scotland) Act 1997 places a duty on a planning authority to include appropriate provisions for the preservation and planting of trees within its area. Tree Preservation Orders (TPOs) are confirmed where the Council has decided that a tree or group of trees are worthy of protection. Works to trees in TPOs therefore need to demonstrate that the proposed works are required either in the interest of safety or that they would not have a negative effect on the TPO. With respect to planning policy, National Planning Framework 4 (NPF4) provides the long- term national spatial strategy for planning in Scotland. It sets out the Scottish Government's current view on delivering sustainable, liveable and productive places through the application of spatial principles. It is considered that the proposals comply with the overall scope of NPF4. Policy 6 (Forestry, woodland and trees) of NPF4 outlines a commitment to support the protection, expansion and improvement of tree and woodland cover for its nature conservation value. Policy ENV 2 of the Adopted Renfrewshire Local Development Plan (2021) and the New Development Supplementary Guidance (2022) also support these principles, while Renfrewshire Council's Tree Policy provides additional guidance including a recommendation that all proposed tree felling should be justified in writing by reputable tree surgeon confirming that. As discussed above, the tree works were previously approved by the Scottish Government through planning permission 19/0810/PP - PPA-350-2-38. The approved development design was informed by detailed tree surveys, which were the basis of the forestry chapter of the Environmental Impact Assessment that was carried out during the planning appeal process. The approved development also includes the requirement for compensatory planting both within and off-site that would result in a net increase in tree planting of 0.74Ha. Condition 18 of planning permission 19/0810/PP also required an arboricultural method statement and long term tree/woodland management and maintenance plan for the wider site. This included details of how retained trees would be protected on site through construction and future use of the site and the tree/woodland and maintenance of newly planted trees. Following consultation with Scottish Forestry, this was also deemed to be acceptable. The advanced arboricultrual works would allow for the preparation of the approved development at the appropriate time. It is considered that the proposed works have been fully considered and approved as part of planning permission 19/0810/PP which was also subject
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to an Environmental Impact Assessment. Due to ecological constraints with regards to the timing of these works and given the existing planning permission, given the existing consent it is considered reasonable that the proposed treeworks could be undertaken in advance of the full discharge of pre-commencement conditions for the approved application. Representations In response to the concerns raised in the representation, this is summarised as follows: - 1. Loss of trees through the development of the Dykebar Hosiptal site (19/0810/PP); As discussed above, the tree works were previously approved by the Scottish Government through planning permission 19/0810/PP - PPA-350-2-38. The approved development design was informed by detailed tree surveys, which were the basis of the forestry chapter of the Environmental Impact Assessment that was carried out during the planning appeal process. The approved development also includes the requirement for compensatory planting both within and off-site that would result in a net increase in tree planting of 0.74Ha. 2. Up to date surveys should be in place by ecologists and protection measures in place to lessen impact on wildlife; The Supporting Statement submitted with the application states that a variety of ecological surveys have been carried out on site from 2018 to the present day to ensure accurate knowledge of the site’s flora and fauna. Works would also be carried out in consultation and under the supervision of the project ecologist; where requires, and NatureScot to ensure that the works accord with the site-specific Badger and Bat Protection Plans and associated ecological legislation, guidance and best practice for the constraints from nesting birds. The necessary licences would also be obtained from NatureScot. 3. Contrary to NPF4 and Local Development Plan; As discussed above, the proposed treeworks have been previously been assessed and approved by the Scottish Government through planning permission 19/0810- PPA- 350-2-38 which is a significant material consideration in the assessment of the proposal. As such, it is considered reasonable that the current treeworks application is approved in-line with this consent. The advanced arboricultrual works would allow for the preparation of the approved development at the appropriate time. It is considered that the proposed works have been fully considered and approved as part of planning permission 19/0810/PP which was also subject to an Environmental Impact Assessment. 4. Concerns over accuracy of description for W4 within the Arboricultural Method Statement with regards to tree types; As discussed above, the proposed treeworks align with the treeworks already approved under application 19/0810/PP which was fully assessed and considered by the Scottish Government. 5. Loss of recreational value. There are well used paths through the woodlands and they are not indicated on the Arboricultural Method Statement;
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The impact of recreational routes and the loss of trees was fully considered and assessed by the Scottish Government as part of the consented development (19/0810/PP) 6. Loss of sense of arrival, Master Plan amended to retain trees at northern entrance to the housing development (19/0801/PP). The submitted Arboricultural Method Statement does not reflect this. Noted. A revised Arboricultural Method Statement has been submitted to reflect this. Planning Obligations The Council is required to provide a summary of the terms of any planning obligation which is required to be entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation to the grant of permission for the proposed development: None. Conclusion In view of the above, it is considered that the proposal would accord with the relevant provisions of the Development Plan. There are no other material considerations. The tree works application should therefore be approved. Recommendation Grant Reason(s) for Recommendation 1. The proposal accords with treeworks approved under planning application 19/0810- PPA-350-2-38, and the advanced arboricultrual works would allow for the preparation of the approved development at the appropriate time. Condition(s) 1. None required. Advisory Note(s) 1. None required. Schedule of Plans Determined Drawing Number Revision Drawing/Document Title Stamped Drawing 0251-006 Location Plan V2 Supporting Statement Advanced Arboricultural Works Supporting Statement Dykebar Arboricultual Method Statement Dykebar Placemaking Strategy Dykebar Tree Maintenance Plan
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For further information please contact Fiona Knighton, Development Standards Team, Email: fiona.knighton@renfrewshire.gov.uk