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On land at and the verge in front of Joydens and Dormy Corner, Manor Road, and the White House, Harvest Hill Road, Maidenhead, Berkshire


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Tree Preservation Order 11 of 2006
On land at and the verge in front of Joydens and Dormy Corner, Manor Road, and the White House, Harvest Hill Road, Maidenhead, Berkshire

1. Background:
Tree Preservation Order (TPO) 11 of 2006 was created in February 2006 on land at and the verge in front of Joydens and Dormy Corner, Manor Road, and the White House, Harvest Hill Road, Maidenhead, Berkshire.
The Order related to an area of trees as per the specification below:
T1: Hornbeam (Carpinus betulus)

T2: Hornbeam (Carpinus betulus)

A1: All trees of whatever species
The proposed modification to the Order is as follows:
T1: Hornbeam (Carpinus betulus)

T2: Hornbeam (Carpinus betulus)

T3: Scots Pine (Pinus sylvestris)

T4: Common Oak (Quercus robur)

T5: Common Oak (Quercus robur)

G1: 5 x Common Oak (Quercus robur)



2. Objections:
Three letters of objection were received in respect of this TPO. Two were withdrawn following the receipt of the proposed modification. One objection remains from Mr and Mrs L Swanson of The White House Harvest Hill Road Maidenhead Berks SL6 2QH. This is summarised below:


  • One tree visible to the public in front garden. This may be considered to have amenity value. Suffers from lack of water and nutrition due to the conifer hedge behind it and may not survive many more years. Tree requires constant pruning and the order would not allow this. This would result in the tree becoming an eyesore.

  • Two apple trees in rear garden are close to the end of their life and are of low amenity value and should be excluded from the order. Trees should be removed before they become a hazard to children.

  • Two large conifers in rear garden which have not been maintained and have grown out of control. They block sunlight from neighbour’s house and are stripped regularly in summer by a number of grey squirrels. With this and the potential effect on the foundations of our house it is unlikely that these trees have any amenity value and should be excluded from this order.



3. Responses to the objection and justification for the Order:
Under the Town and Country Planning Act (1990) local authorities may make a Tree Preservation Order (TPO) if it appears to them to be expedient in the interests of amenity to make provision for the preservation of trees or woodland in their area. The Act does not define amenity, nor does it prescribe the circumstances in which it is in the interests of amenity to make a TPO. In the Secretary of State’s view, a TPO should be used to protect selected trees and woodlands if their removal would have a significant impact upon the local environment and its enjoyment by the public. Local planning authorities should be able to show that a reasonable degree of public benefit would accrue before the TPO is made or confirmed. The trees, or at least part of them, should therefore normally be visible from a public place, such as a road or footpath. Trees may be worthy of preservation, amongst other reasons, for their intrinsic beauty or for their contribution to the landscape.
The Local Planning Authority may make a TPO when it is believed there is a risk of a tree or trees being cut down in such a way that would have a significant impact on the amenity of an area. The trees located at the above address are publicly visible and contribute to the visual amenity of the local area. The Council’s Arboricultural Officer has visited the site and has confirmed that the trees do merit protection. The trees appear healthy with no visible signs of any major structural defects or decay. The loss of the trees would detrimentally impact upon the character of the area and therefore it was expedient to create the TPO.
The category of TPO that was been initiated related to two individual Hornbeam trees and an area protecting all trees of whatever species. Tree Preservation Order 11 of 2006 was initiated as a precautionary measure as it was perceived that the trees were under threat from potential development following the receipt of an outline planning application, and that the removal of the trees would have a detrimental impact on the visual amenity of the area. In response to objections received the Council’s Arboricultural Officer has resurveyed the trees and recommended that the Order be modified to replace the ‘Area’ designation with three individually protected trees and a group of five oak trees. The Borough’s Arboricultural Officer therefore recommends the Order be confirmed subject to the recommended modifications. The initiation of this TPO is not intended to affect the decision making process when determining planning applications or future development.
Land at The White House has two oak trees protected by the Order, as shown as T4 and T5 on the plan. The trees mentioned in the objection are not protected by the Order. Therefore this modification appears to overcome the objection, but has had to be brought to panel as a result of the objector not formally withdrawing their objection.
A TPO does not mean that the trees are ‘preserved’ and cannot be managed. A TPO is to encourage and co-ordinate the good management of trees in accordance with best practice. The Local Planning Authority would not unreasonably withhold consent for tree works, which accord with good arboricultural practice. There is no fee levied to submit an application or a limit on applications made and free pre-application advice is offered for trees subject to a TPO.

4. Sustainable Development Implications:

In terms of the sustainable development policy the recommendation contained in the report will have the following significant beneficial sustainable development implications: A positive impact on the natural environment by retaining the tree stock.


RECOMMENDATION that Tree Preservation Order 11 of 2006 is confirmed with the following modifications:

TPO Schedule is modified to:

T1: Hornbeam (Carpinus betulus)

T2: Hornbeam (Carpinus betulus)

T3: Scots Pine (Pinus sylvestris)

T4: Common Oak (Quercus robur)

T5: Common Oak (Quercus robur)

G1: 5 x Common Oak (Quercus robur)




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