Tree Preservation Order at West Ailey, Shore Road, Cove
Argyll and Bute Council · 20 August 2025
Back to Planning, Protective Services and Licensing Committee — 20 August 2025 and its agenda
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ARGYLL AND BUTE COUNCIL PPSL COMMITTEE DEVELOPMENT & ECONOMIC GROWTH 20th August 2025 TREE PRESERVATION ORDER AT WEST AILEY, SHORE ROAD, COVE 1. INTRODUCTION This paper recommends a Tree Preservation Order to be confirmed on a Chestnut tree in the garden of West Ailey, Shore Road, Cove (Appendix 1 - Location Plan). 2. RECOMMENDATION i) It is recommended that the Tree Preservation Order is confirmed in accordance with Section 160 of the Town and Country Planning (Scotland) Act 1997 for area marked on the attached plan (Appendix 1). 3. LEGISLATIVE CONTEXT Argyll and Bute Council, as planning authority, may make a TPO to protect individual tree(s), groups of trees or woodland where it appears expedient in the interest of amenity and/or that the trees/groups of trees/woodland are of cultural or historical significance. Further information on the legislation and procedures can be found in Planning Circular 1/2011: Tree Preservation Order. 4. BACKGROUND An application for Tree Works to fell Chestnut Tree was made on 6th March 2025 (reference 25/00355/TPO). The application has been subject to an objection. There was no Tree Survey Report submitted but reasons for the felling were provided in the application form, but the information was limited so the applicant was requested to provide further information on the trees. The applicant said that they had an estimate to remove the tree from a company 2nd2None who claimed the tree had rot but no tree surgeon report has been submitted. Members considered and approved the serving of a TPO on the chestnut tree at the PPSL meeting of April 2025. The TPO was served and came into effect on 24th April 2025 and there was a period of 28 days allowed for representations to be made. An advert appeared in the local newspaper on 1st May 2025 and a certified copy of the Order was displayed in the Helensburgh Civic Centre for 28 days for public viewing from this date. The TPO must be confirmed before the 24th October 2025 or it expires. 5. REPRESENTATIONS Objection: Owner of Tree
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My main concerns with the tree are its proximity to the Calor gas tank which is unable to be relocated and to the boundary of Ferndene. My neighbours are very anxious about the tree to the extent that they offered to buy the land with the tree so that they could control its future. I would feel more comfortable with the TPO if first an assessment of the tree’s health could be made by a professional arborist. They could also advise on any crown work required to enhance the safety and the health of the tree. This would also serve as reassurance to the owners of Ferndene who are very keen to have the tree removed following the large limb of the tree falling into their property during the storm in January. 6. RELEVANT PLANNING HISTORY None 7. DETAILS OF TREE PRESERVATION ORDER Members may recall that the previous report explained that a Chestnut tree was requested for removal. A Tree Assessment using the Tree Evaluation Method for Preservation Order (TEMPO) method was undertaken by the planning officer without the benefit of any formal arboriculturist report and it was considered that the tree was of significant amenity value to be worthy of TPO. The owner has submitted the above comments regarding concern the tree will fall then it was considered prudent to obtain a Tree Report from a qualified arboriculturist in order to ensure whether the tree poses any danger to nearby properties and is in the poor health as described by the owner and their tree surgeon. The Tree Report (Appendix 2) was commissioned by Argyll and Bute Council and undertaken on June 20205 by Graeme Millar a qualified arboricultural consultant with extensive experience advising clients in relation to trees and safety. He holds a Diploma in Arboriculture and Urban Forestry and is a Professional Member of the Arboricultural Association. The report concludes that the “tree is a lapsed pollard of considerable stature and visual prominence within the local setting. It exhibits signs of physiological stress, including reduced crown density and atypically small leaf dimensions. Structurally, the tree displays multiple high -risk characteristics typical of lapsed pollards including several large limbs arising from previously pollarded heads. A recent major limb failure from a principal union has resulted in a substantial stem wound, reducing overall structural integrity and altering the mechanical load distribution across the crown. Of particular concern is a scaffold limb situated just above the recent failure point, which now extends over a gas storage tank. While this limb currently remains intact, its compromised structural context and the presence of a high - consequence target beneath it significantly elevate the level of risk. Given these factors, prompt removal of the limb is recommended as a necessary safety measure. In addition, a targeted crown reduction of up to 20% is recommended, in accordance with BS3998:2010 guidance for the management of lapsed pollards. The primary aim of the reduction is to lessen wind loading on the weakened lapsed pollard heads, thereby reducing the risk of further structural failure. Longer -term management should involve structured reinspection at 15 -month intervals to monitor crown development, union stability, and wound progression. Supplementary inspections following significant storm events are also recommended to ensure ongoing risk management.”
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Despite the mature horse chestnut not being of immaculate condition and in need of crown reduction, it is still healthy enough to merit retention given the visual prominence of the tree in the local setting. The works therefore that would be supported by the council are not full removal but removal of the limb overhanging the gas tank. The owner of the tree has now made a new tree works application that requests the works as recommended in the tree report – crown reduction and removing the overhanging limb and this will be considered at delegated level and the recommendation will be to support these works. The condition of the tree would remain as ‘fair’ and therefore the original score obtained in the tree assessment does not change and the tree still merits being subject to a TPO. The purpose of a TPO is not to impede tree management or insist on tree retention in all circumstances, but rather to prevent undue removal or poor management of valuable trees and if removed, to ensure replacement of a valuable tree. 8. CONCLUSION There is currently a Tree Preservation Order 02/25 in force for the chestnut tree at West Ailey. It is considered that the Chestnut Tree contributes to the immediate streetscape and despite the new information about its health it remains worthy of greater protection that a Tree Preservation Order provides than the protection afforded by the Conservation Area status. This would secure a replacement tree should it be removed for health reasons. 9. RECOMMENDATION i) It is recommended that the Tree Preservation Order is confirmed in accordance with Section 160 of the Town and Country Planning (Scotland) Act 1997 for area marked on the attached plan (Appendix 1). 10. IMPLICATIONS 10.1 Policy – None 10.2 Financial – None 10.3 Legal – None 10.4 HR – None 10.5 Fairer Scotland Duty: 10.5.1 Equalities – protected characteristics – None 10.5.2 Socio-economic duty – None 10.5.3 Islands - None 10.6 Risk – None 10.7 Customer Service – None 9.8 Climate Change – None Kirsty Flanagan – Executive Director with Responsibility for Development and Economic Growth Fergus Murray – Head of Development and Economic Growth For Further Information Contact: Kirsty Sweeney – Area Team Leader – 01436 657665