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7. Tree Preservation Order Requests (2)

Renfrewshire Council · 23 August 2022
Back to Planning and Climate Change Policy Board — 23 August 2022 and its agenda

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___________________________________________________________________ 
To:  Planning and Climate Change Policy Board 
On:  23 August 2022
___________________________________________________________________ 
Report by: Chief Executive 
___________________________________________________________________ 
Heading:  Tree Preservation Order Requests
___________________________________________________________________ 
1. Summary 
1.1 This report seeks to provide an update to the Tree Preservation Order (TPO)
requests which were agreed at the meeting of the Planning and Climate
Change Board in June 2022. 
1.2 In addition, this report also seeks to respond to requests to apply a TPO
designation to sites in Erskine, Paisley and Renfrew. 
1.3 The report also details requests for TPO designations which will be
considered in due course and reported back with recommendations to future
meetings of the Planning and Climate Change Board   
1.4 The requests submitted are considered in line with the relevant legislation,
namely, Section 160 of The Town and Country Planning (Scotland) Act 1997
as amended by the Planning etc (Scotland) Act 2006, and within the
procedures set out in the Town and Country Planning (Tree Preservation
Order and Trees in Conservation Areas) (Scotland) Regulations 2011. 
1.5 The report recommends that a tree preservation order is made in relation to
two of the sites proposed.   
________________________________________________________________ 
2. Recommendations 
2.1 It is recommended that the Board:
(i) Confirm the tree preservation orders in respect of the sites known as
Sandieland Wood and Erskine Hotel Wood and agree that Officers make
the orders public and register them with the Land Registry for Scotland.

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(ii) Approve the need for a tree preservation order at site known as Old
Lane SINC and agree that officers proceed to prepare the order, serve it
on relevant parties and make the order available to the public and seek
representations. 
(iii) Agree that tree preservation order designation should not apply to the
sites at Kings Inch Road, Renfrew, and UWS Thornly Park Campus for
the reasons outlined in the report.
(iv) Note that consideration and assessment of the sites at woodland at
Kirklandneuk Park, Renfrew, Dykebar Hospital, a site located to the
south of Caplethill Road and site in Houston will be undertaken and the
findings and recommendations presented at a future meeting of the
Planning and Climate Change Board. 
___________________________________________________________________ 
3. TPO Requests Previously Considered 
3.1. At the meeting of the Planning and Climate Change Board in June 2022, it
was agreed that TPO designations would be placed on the following two sites:
 Sandielands Wood, Inchinnan; and
 Erskine Hotel Wood, located between the A726 and the Mutha Hotel. 
3.2. In line with the Renfrewshire Planning and Development Tree Policy 2022 and
the relevant legislation relating to Tree Preservation Orders, Officers have,
with regard to the two aforementioned sites, undertaken the following:
 Prepared the relevant orders and made them available online for review;
 Served the order on relevant parties including landowners;
 Published a public notice in the local press advising of the order; and
 Provided an opportunity for comments to be made by any interested party
in relation to either of the orders. 
3.3. The 28 day consultation period has now ended with no comments being
received in relation to either of the orders in question. 
3.4. It should however be noted that one comment was received in advance of the
order being published and noted comments in relation to the Erskine Hotel
Wood site as follows:
 The woodland in question is not located within the grounds of the Muthu
Glasgow River Hotel, the land holding of the hotel is adjacent;
 Part of the site is designated as a Site of Importance for Nature
Conservation (SINC);
 The majority of the site can be described as mature broadleaved woodland
however the area outwith the SINC is early mature plantation dating from
around 25 years ago;
 The conclusion that the woodland is in good/fair condition is open to
challenge;
 Should a TPO designation be made repeated applications for treeworks
are likely as a result of ash being impacted by ash dieback disease, elms
being reinfected with Dutch elm disease and horse chestnut causing
concerns as a result of infection by bleeding canker; and
 The plantation woodland is not 50-80 years old.

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3.5. The above comments are noted and help to provide clarity to the site in
question and as such a response to the points noted above is detailed below,
in the same order as originally outlined:
 It is accepted that the woodland in question is located with the grounds of
the Muthu Glasgow River Hotel and is located in the land holding adjacent
to the hotel;
 It is accepted that part of the site proposed as a TPO is designated as a
Site of Importance for Nature Conservation (SINC);
 It is noted that the site comprises mature broadleaved woodland which is
dominated by sycamore and ash but which has a variety of other tree
species in the canopy.  In addition other areas have become colonised
over recent decades by ash and willow;
 It is considered that the woodland fits the category as ‘unmanaged –
good/fair condition’;
 It is accepted that treeworks applications will be required to enable the
future management of the trees in question;
 It is accepted that not all trees are 50-80 years old given that the site also
includes areas which have been colonised by trees more recently.  It is
considered that most of the canopy trees in question fall into the age range
of around 50-80 years old. 
3.6. Taking all of the above into consideration it is considered that the comments
do not alter the previous recommendation to apply a TPO designation to the
site known as the Erskine Hotel Wood. 
3.7. The Board are therefore asked to confirm the TPO designations in relation to
the following sites:
 Sandielands Wood, Inchinnan; and
 Erskine Hotel Wood, located between the A726 and the Muthu Hotel. 
3.8. Should the Board confirm the TPO designations, the confirmed orders will be
made available to the public and recorded in the Land Register of Scotland 
4. TPO Requests 
4.1. A number of other requests for tree preservation orders to be designated have
been received and to date three of the sites requested have been considered
and assessed, where appropriate.   
4.2. The sites in question are as follows:
 Old Lane SINC, Erskine;
 Kings Inch Road, Renfrew; and
 UWS Thornly Park Campus, Paisley. 
4.3. In light of the above, the requests have been considered and a
recommendation provided in respect of whether a TPO should be made.   
5. TPO Considerations

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Old Lane SINC
5.1. The Old Lane SINC is located to the north east of Kilpatrick Drive and
Kilpatrick Avenue, Erskine and is located between the road and the riverside
path following the River Clyde.  The woodland in question is detailed in
Appendix 1. 
5.2. The woodland comprises a series of generally linear bands of deciduous
trees, planted in the early 1990s to provide part of the landscape and
pedestrian access framework for an extensive planned business park on the
south side of the River Clyde in Erskine.   
5.3. The canopy has now reached a height of about 10m, and the best developed
trees have a girth (diameter at breast height) of about 30cm. A mixture of
mainly native and fast-growing tree species were selected for the main
plantings within the landscape strips, with non-native deciduous trees used as
boundary features – Grey Alder (Alnus incana) along prominent pedestrian
paths leading down to the Clyde Walkway and a striking avenue of Hornbeam
(Carpinus betulus) along the now blocked-off extension of Kilpatrick Drive. 
5.4. The body plantings were established within rabbit-proof fencing about 1m
high, and this barrier remains largely intact. The main species within these
areas are Ash (25% of the canopy), Silver Birch (25%), Grey Willow (25%)
and Goat Willow (10%). A variety of other woody species are present, e.g.
Broom, Blackthorn, Wych Elm (self-sown), Hazel (planted around the edges of
the tree belts), Elder, Hawthorn, Rowan, Hybrid Black Poplar, Downy Birch,
Pedunculate Oak (appearing as self-sown juvenile trees, Guelder Rose
(planted around the edges of the tree belts). 
5.5. The assessment of the site notes that the original planting concentrated on
fast-growing tree species to provide the desired screening effect. These
species are, however, relatively short-lived so thought needs to be given to
long term management of the woodland to ensure succession to woodland
dominated by non-pioneer tree species. 
5.6. In addition, the assessment noted that ash trees were showing clear signs of
Ash Dieback Disease, with juvenile stock already being killed by the infection.
The ash trees, currently making up about a quarter of the canopy, can be
expected to succumb in due course, so replacement actions need to be
planned as a priority. 
5.7. The woodland is mapped as Lowland Mixed Deciduous Woodland on the
Scottish Forestry Native Woodland Survey of Scotland. 
5.8. Taking into account all of the above, and notwithstanding the recent origin of
the woodland, it is recommended that the site in question justifies a TPO
designation in the interests of amenity of the local area. 
Kings Inch Road, Renfrew

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5.9. This site is located on land north of Paterson Park Allotments, Kings Inch
Road, Renfrew.  The site in question is detailed in Appendix 2. 
5.10. The linear site previously comprised woodland of mainly hybrid poplar trees
mixed in with other canopy trees including sycamore, silver birch, goat willow,
ash, wych elm with the same species regenerating in the understorey along
with typical scrub species like elder and hawthorn. 
5.11. The woodland in question was removed by the landowner in 2021 and as
such the ground is now covered with a layer of shredded wood and bark with
stumps protruding. 
5.12. Recognising that the site comprised of fast growing species, following
assessment, none of the stumps suggested the trees in question were in
excess of 50 years old.  It is thought that up until at least World War 2 the site
had been occupied by a railway siding.  It is considered that the trees, now
removed, likely became established on the low railway embankment, perhaps
when Kings Inch Drive was first constructed following the demolition and
clearance of the Braehead Power Station in the 1980s. 
5.13. Given the current condition of the site, it is considered that the criteria required
for promoting a TPO designation have not been satisfied.  would be legally
indefensible. 
5.14. In light of all of the above, it is considered that a TPO designation should not
be applied to the site at Kings Inch Road. 
UWS Thornly Park Campus
5.15. The third TPO request relates to trees which are located within UWS Thornly
Park Campus.  The site in question is detailed in Appendix 3. 
5.16. It is significant to note that following an appeal to DPEA, planning permission
was recently granted in relation to the site for the erection of a residential
development comprising 179 units with associated access, landscaping and
ancillary works. 
5.17. As a result of the recent issue of planning permission by DPEA, officers have
obtained external legal advice in relation to the potential functioning of a TPO
on a site where planning permission has been granted for development. 
5.18. It is considered that applying a TPO designation to the site at UWS Thornly
Park would have no notable effect in regard to preservation of trees and carry
significant legal risks. 
5.19. The legislation granting the ability to make a TPO specifies that any TPO
made cannot prevent work on or removal of trees where this is authorised by
planning permission. Any TPO made at this site would therefore have no
effect in regard to trees that are scheduled to be removed or altered in terms
of the plans approved by the Reporter.

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5.20. It is also noted that in considering the appeal in question, the Reporter had
regard to the loss of trees and the related habitats and was satisfied that the
matter could be dealt with by appropriate conditions.  A condition was in fact
attached to the planning permission by the Reporter requiring a landscaping
scheme to be approved by the planning authority before any development
commences. There has not been any significant change to conditions at the
site since the Reporter granted permission. There is therefore no justification
for adding a TPO to the restriction already placed on landscaping by this
condition.   
5.21. There is therefore no basis upon which a TPO could be made at this site.
Proceeding to make one would leave the Council open to a legal challenge,
potentially liable for significant compensation and would carry significant
reputation risk.   
5.22. For the reasons outlined above it is recommended that that a TPO
designation is not applied to the site at UWS Thornly Park Campus. 
5.23. Notwithstanding the above, the TPO request in relation to Thornly Park also
relates to a site located to the south of Caplethill Road which does not form
part of the site subject to planning permission.  In this regard it should be
noted that this site will be considered and assessed in due course and will be
reported to the Planning and Climate Change Policy Board at a future
meeting. 
6. Other TPO Requests
6.1. In addition to the requests outlined and assessed above, the following
requests for TPO designations have also been received:
 Woodland at Kirklandneuk Park, Renfrew
 Dykebar Hospital Grounds
 Site in Houston
 Site located to the south of Caplethill Road 
7. Next Steps
7.1. The TPO orders in respect of the sites at Sandieland Wood and Erskine Hotel
Wood are confirmed, made public and registered with the Land Registry for
Scotland. 
7.2. A TPO is prepared in respect of the woodland at Old Lane SINC.  Thereafter
the order will be served on the respective landowners and made available to
the public for comment. 
7.3. Following a period of public consultation, the TPO will be returned to Board to
take account of any comments received and to confirm, or otherwise the
order.

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7.4. Assessments will be undertaken in relation to the sites at Woodland at
Kirklandneuk Park, Renfrew. Dykebar Hospital, site located to the south of
Caplethill Road and  site in Houston.
___________________________________________________________________ 
Implications of the Report 
1. Financial – None.   
2. HR & Organisational Development – None. 
3. Community/Council Planning – None 
4. Legal – The recommendations in the report would require for two separate
tree preservation orders to made in relation to the sites in question.  Should
the orders be confirmed they would require to be lodged with the Land
Register of Scotland. 
5. Property/Assets - None 
6. Information Technology - None 
7. Equality & Human Rights - 
(a) The Recommendations contained within this report have been
assessed in relation to their impact on equalities and human rights.
No negative impacts on equality groups or potential for infringement of
individuals’ human rights have been identified arising from the
recommendations contained in the report.  If required following
implementation, the actual impact of the recommendations and the
mitigating actions will be reviewed and monitored, and the results of
the assessment will be published on the Council’s website.   
8. Health & Safety - None 
9. Procurement - None 
10. Risk - None 
11. Privacy Impact – None 
12. COSLA Policy Position - None.
13. Climate Risk – The proposed site development briefs seek to ensure that any
development coming forward is undertaken in a sustainable manner and aids
the adaption required as a result of climate change.
___________________________________________________________________ 
Appendix 1: Site Plan – Old Lane SINC
Appendix 2: Site Plan – Kings Inch Road, Renfrew

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Appendix 3: Site Plan – UWS Thornly Park Campus
___________________________________________________________________ 
Author: David Love, Chief Planning Officer
Tel: 07483410182; Email: david.love@renfrewshire.gov.uk

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Date: 26/05/2022
Old Lane SINC

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Date: 15/08/2022
User: hoburgessa1
Ordnance Survey Mapping - © Crown Copyright and database right 2022. All rights reserved. Ordnance Survey Licence number
100023417.  Aerial Photography 2009 - Cities Revealed ® copyright by The Geoinformation ® Group, 2009 and Crown Copyright ©
All rights reserved. Aerial Photography 2004/6 - © 2004 Getmapping plc © 2006 Getmapping plc
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Notes:
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Kings Inch Road, Renfrew

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1:1,000
I
Date: 15/08/2022
User: hoburgessa1
Ordnance Survey Mapping - © Crown Copyright and database right 2022. All rights reserved. Ordnance Survey Licence number
100023417.  Aerial Photography 2009 - Cities Revealed ® copyright by The Geoinformation ® Group, 2009 and Crown Copyright ©
All rights reserved. Aerial Photography 2004/6 - © 2004 Getmapping plc © 2006 Getmapping plc
Aerial Photography 2001 - Cities Revealed ® copyright by The Geoinformation ® Group, 2009 and Crown Copyright © All rights
reserved. Historic Map Data - © Crown Copyright and Landmark Information Group Limited 2012. All rights reserved.
Notes:
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UWS - Thornly Park