Confirming a Tree Preservation Order at Linton, Lineside Walk, Rhu
Argyll and Bute Council · 22 January 2025
Back to Planning, Protective Services and Licensing Committee — 22 January 2025 and its agenda
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Classification: OFFICIAL ARGYLL AND BUTE COUNCIL PPSL COMMITTEE DEVELOPMENT & ECONOMIC GROWTH 22 January 2025 Confirming a Tree Preservation Order at Linton, Lineside Walk, Rhu 1. INTRODUCTION This paper recommends the Tree Preservation Order on a Beech Tree in the garden of Linton, Lineside Walk, Rhu (Appendix 1 - Location Plan) is confirmed. 2. RECOMMENDATION 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 is expedient in the interests 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 The request for the Tree Preservation Order was lodged on 30th December 2023 by the neighbours, due to a perceived threat of removal of the trees given the owners of The Linton had cleared almost all other trees and shrubs in their garden and the trees were not located within the Rhu Conservation Area. Members considered and approved the serving of a TPO on the beech tree at the PPSL meeting of 22nd May 2024 on amenity grounds. The TPO was served and came into effect on 26th August and there was a period of 28 days allowed for representations to be made. An advert appeared in the local newspaper on 29th August 2024 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 26th February 2025 or it expires. 5. RELEVANT PLANNING HISTORY 02/00527/DET - Erection of dwellinghouse at Land West to Hillcroft, Lineside Walk, Rhu, Helensburgh, Dunbartonshire – Approved with conditions 02.07.2022. The condition states: “ No trees or shrubs shall be topped, lopped, felled or otherwise removed from the site without first obtaining written approval from the Planning Authority.
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Classification: OFFICIAL Reason: To maintain the landscape setting for the dwelling and in particular the backdrop and screen from the existing dwellings to the north at Station Road.” Tree Works Applications at Linton, Rhu • 24/00701/TPO Proposed felling of 1 Beech Tree and lopping of beech tree – approved 23.05.2024 Extract from Report of Handling: T2 Beech Tree appears in good condition for its age (mature). It is not leaning and does not have ivy growing on it. It is located in the far corner of the garden and is approx. 10m from the house and any neighbouring houses. It is a very large, mature and prominent tree with good visibility from public views, including from Station Road. It is not a veteran, rare or unusual tree. The works to this tree is to take 8-10 metres off the top to make the tree steadier and lesson the changes of danger to the public in the increasing winds. 6. DETAILS OF REPRESENTATIONS RECEIVED There were 1 representation received from: - Donna Ramsay, Linton, Rhu (owner of tree) Below is a summary comments in objection: • The tree surgeon has information that the beech tree has bad rot all the way through. • It is that bad that they will need a cherry picker undertake the tree works and they will try and preserve as much as they can but the tree surgeon states the tree is best condemned. • Photos have been enclosed from the tree surgeon (see Appendix 2). • The tree is in close proximity to the house and if a branch fell on the house or the next door neighbour’s new shed and he has condemned it then we will not be able to claim insurance for damage to property. • We have the intention to plant more trees including Japanese Acers and another four native trees – a total of 8 trees and we will include another beech tree. 7. ASSESSMENT Members may recall that the previous report explained that two trees were requested for TPO but only one tree was worthy. 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 tree surgeon report and it was considered that one of the two beech trees appeared of significant amenity value to be worthy of TPO. Since then, as the planning history sets out, a Tree Works application was received and approved to fell the beech tree that was not subject to a TPO, but was protected by condition, and also undertake some crown removal on the tree that was subject to the TPO. The tree works have now been undertaken and part of the crown has been removed in accordance with the Tree Works application. As the applicant has submitted the above comments regarding the health of the tree 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.
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Classification: OFFICIAL The Tree Report was commissioned by Argyll and Bute Council and undertaken on 4th December 2024 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 needs monitoring but does not require removal due to potential harm to people or property. The report states that the tree was “recently topped at 15m with further unsympathetic pruning works in upper crown. The aerial imagery shows vigorous wound-wood development and historic tree surgery to raise clear canopy heights with all wounds occluding with associated decaying stumps.” The condition of the tree was considered to be ‘Fair’, the age class ‘Mature’ and estimated remaining years to be 20-30 years. It is classified as B1 category tree “Tree of moderate quality with an estimated remaining life expectancy of 20 years”. Members should note there are 4 categories used in Tree Surveys – A, B, C and U – unsuitable for retention. We have revised the tree assessment based on the new information – Condition now being marked as a score of ‘3’ - Fair instead of good, a score of ‘2’ for retention span and a score of ‘4’ for amenity value remain unchanged, then a further score of ‘1’ for other factors and a score of ‘2’ for perceived threat. This gives a score of 12 which means the tree just meets the score level to be defensible. Members should note the original score had been 14 prior to having the professional report from the arboriculturist. 0 Do not apply TPO 1 - 6 TPO indefensible 7 - 10 Does not merit TPO 11 - 14 TPO defensible 15+ Definitely merits 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. Despite the new information the tree remains important for the amenity of the area given its height and a really attractive canopy and the TPO will secure its replacement should it be felled. The owner is going to make a commitment to retain the tree and any further tree works or felling will require a tree works application to be made, and the necessary Tree Report to be submitted to justify its removal, and will allow for public representation to be made. It is therefore still considered that the tree merits a TPO. 8. CONCLUSION There is currently a Tree Preservation Order in force. It is considered that the Beech 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 rather than the planning condition. This would secure a replacement tree should it be removed for health reasons 9. RECOMMENDATION 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
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Classification: OFFICIAL 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 10.8 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 POLICY LEAD – Councillor Kieron Green Appendix 1 – Location Plan Appendix 2 – Objectors Photographs Appendix 3 – Photos taken by Planning Officer Appendix 4 – Tree Report