Agenda item

APPLICATION NO. TPO 2017/18 - 6 Peaches Close, Cheam, SM2 7BJ

To confirm the provisional Tree Preservation Order (TPO) 2017/18 protecting one pine tree (T1).  The tree is located within a raised planter on land to the rear within the curtilage of 6 Peaches Close.

Minutes:

The Committee considered a report and addendum report on the above application to confirm Tree Preservation Order (TPO) 2017/18 protecting one black pine tree (T1). The tree is located within a raised planter on land to the rear within the curtilage of 6 Peaches Close.

 

The committee briefly adjourned at 19:46 for 4 minutes, resuming at 19:50, to allow Committee members and attendees additional time to consider the addendum report.

 

Mr Taber, the applicant, accompanied by the property tenant, referred to his submitted representations and raised the issues that:

 

  • Correct procedures had not been followed as regards the revocation of the 2006 Order and  the making of TPO 2017/18, , in accordance with the  Regulations made under the Town and Country Planning Act.
  • He held a certified copy of the confirmed 2006 TPO and was aware that the council do not hold an original of that Order.
  • The tenant had at no time considered felling the tree.
  • The tree should remain protected by a TPO and that since the 2006 TPO had not been revoked it remained in force and the TPO 2017/18 was not required and was ultra vires.
  • It was not possible to place two TPOs on the same tree.

 

Officers confirmed to members that the original 2006 TPO had not been located in the Council’s records during a review of TPO records. It was explained that TPO 2017/18 aimed to ensure that the Black Pine (T1) was protected and an enforceable order was in place for this purpose given the tree’s amenity value. The Legal Advisor present confirmed that were TPO 2017/18 confirmed, the tree would be protected by a single order and the 2006 TPO would be formally revoked.

 

Councillor Shields suggested that the application could be deferred, and a 6 month TPO placed on the tree while further information was sought. The Legal Adviser responded that confirmation of TPO 2017/18 has provisional effect and the protection it provided to the Black Pine (T1) would automatically lapse if the Order was not confirmed within six months of its making (i.e by 29/05/18).

 

In debate, Members discussed the health of the tree, and whether damage was being caused to by ivy at its base, as well as the amenity value of the tree to the area.

 

A poll vote on the officers’ recommendation to confirm TPO 2017/18, subject to modification was held in accordance with Standing Order 31.4, when there voted:

 

To grant (8)           

 

Councillor Samantha Bourne, Muhammad Sadiq, Hamish Pollock, Jason Reynolds, Kevin Burke, Margaret Court, Vincent Galligan, Graham Whitham

                                 

Against (1)             Councillor Patrick McManus

          

Abstained (1)         Councillor Tony Shields

 

Resolved: That Tree Preservation Order (TPO) 2017/18 be confirmed, subject to the following modifications: -

 

1.    That the Situation of the tree in column 3 of the Schedule to the Order be modified to read “6 Peaches Close, Cheam, Surrey situated in the rear garden fronting Old Barn Close”. And

2.    To insert a new Article 5 to read “The London Borough of Sutton (6 Peaches Close, Cheam, Surrey) Tree Preservation Order 2006/011 is hereby revoked”.

 

         

 

Supporting documents: