The Director of Economic Growth and Neighbourhood Services submitted a report seeking retrospective approval for works to Council-maintained trees at the former Whitley Library, Northumberland Avenue, subject to Tree Preservation Order (TPO) 9/18.  A copy of the TPO plan was attached to the report at Appendix 1.

The report explained that the premises had been vacated in 2018 and at the request of the Council’s Valuation section, trees on the site had been surveyed to identify any worthy of inclusion in a TPO.  Officers had identified four trees on the frontage worthy of protection and, with agreement from Valuation, a TPO had been served on 5 September 2018. 

The Council’s Tree Officer in Parks had been asked for advice on appropriate works to the trees by Facilities Management and had made several recommendations.  Unfortunately, neither party had been aware of, or had checked, the new TPO status of the trees and works had been carried out without first obtaining approval.

As the Council-maintained trees in question were subject to a Tree Preservation Order, a formal application was required for the works to be approved.  The Town and Country Planning Act 1990 required applications for works to Council-owned or maintained trees to be decided by a Committee of the Council which was not responsible for managing the land to which the application related.

The law also required a public notice to be displayed for at least 21 days giving details of the proposed works and contact details for any comments to be sent.  However, as the application was retrospective in this case, a notice had not been displayed.

The application (reference 191242) sought retrospective approval for the following works:

• T2-T5 Cherry – crown lift to provide clearance for pedestrians and to remove branches that help to hide anti-social behaviour.

The report stated that the works proposed (and carried out) were not considered to be harmful to the trees’ appearance or future health and were reasonable works in order to appropriately manage the trees for the reasons stated.  Had an application been submitted seeking approval for the works, this would have been given.  It therefore recommended that the works be retrospectively approved to regularise the situation.

Resolved -    That the tree works be approved retrospectively.