Agenda item

Works to dangerous trees on site boundary (Amended Description)

RECOMMENDATION: grant permission subject to conditions.

[Cllr Mallett in the Chair].

The Committee considered a report on the application to undertake works to dangerous trees on the site boundary of Pinkham Way N11. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy, consultation and responses, analysis, equalities and human rights implications and recommended to grant permission subject to conditions.

The Planning Officer gave a short presentation highlighting the key aspects of the report which was seeking permission to undertake work to trees and branches on the boundaries of the site determined as posing a public safety risk, including potential hazard to nearby sections of highway and the railway network. The proposed schedule of works incorporated a number of remedial measures including felling, pollarding and crown reduction to those trees considered to be in a dangerous condition. Assurances had been provided by the applicant that the works proposed were not intended to clear the site of trees and were not connected with any future redevelopment of the site.

Confirmation was provided by the Planning Officer that a condition requiring the applicant to undertake a bat inspection prior to any works being carried out was proposed.

A number of objectors addressed the Committee with regard to the application and raised the following points:

• Significant concerns were expressed on the negative impact the proposed works could have on bat habitats, with a majority of the trees on site classified as having high potential for bat roosting.  It was emphasised that bats and their habitats were highly protected, with stringent associated legislative provisions in place including requirements around the undertaking of bat surveys, which it appeared had yet to be undertaken for the site. A comprehensive survey would allow any bat roosts to be isolated and protected prior to any tree works being undertaken.
• Although the landowners statutory duties to landusers was acknowledged, it was considered that alternative means to secure the dangerous trees should have been explored. 

A representative for the applicant, the North London Waste Authority (NLWA), addressed the Committee and raised the following points:

• The dangerous trees had been identified in a survey following an emergency felling of a number of trees in November 2012. The need was emphasised to carryout works as a matter of urgency to mitigate the risks to public safety and in recognition of the landowner’s duty of care to land users.

• Confirmation was provided that the deadwood from the tree works would remain on site.
• The NLWA was in dialogue with Transport for London regarding the logistical considerations in undertaking the works.
• The NLWA had a large, ongoing bat survey running on site. 

The Committee queried as to whether any alternative means of risk reduction had been considered for the trees in question such as physical containment measures. The Council’s Arboricultural Officer confirmed that a conservative approach had been taken, inline with best practice, in determining the schedule of works, with a focus on the immediate works necessary and predominantly based on pruning. Felling was only proposed for the trees in the worst condition due to significant structural defects.

The Committee asked that proposed informative covering the retention of deadwood on the site be converted to a condition to make it more binding. It was also requested that the condition requiring the undertaking of a bat inspection prior to the works being undertaken be extended to require this to be carried out in consultation with representatives from Natural England and the Pinkham Way Alliance. 

The Chair moved the recommendation of the report including the amended condition covering bat inspection and the additional condition covering the retention of deadwood and it was

RESOLVED

• That planning application HGY/2013/0847 be approved subject to conditions;

1. The development hereby authorised shall be carried out only in accordance with the schedule of works and specifications received on 22 August 2013, submitted to, and approved in writing by the Local Planning Authority.

Reason: In order to avoid doubt and in the interests of good planning.

2. All works must be undertaken by qualified and experienced tree work contractors and be in accordance with BS 3998:2010 recommendations for tree work and details of the works hereby approved shall be submitted and be approved in writing by the Local Planning Authority prior to the first commencement of works. Works shall be carried out in accordance with the approved details.

Reason: To achieve good arboricultural practice and protect TPO trees on the site.

INFORMATIVES:

Dead wood from the proposed works should be retained in-situ in accordance with wildlife protection best practice.

In dealing with this application, Haringey Council has implemented the

requirements of the National Planning Policy Framework and of the Town and

Country Planning (Development Management Procedure) (England) (Amendment

No.2) Order 2012 to foster the delivery of sustainable development in a positive and proactive manner.