Monday 3 April 2023

EDDC slaps TPO on Straitgate trees

We posted about the roots of an oak tree earlier in the year. 


The relevance at Straitgate concerns the modifications required – let’s not call them improvements – to Birdcage Lane to allow up to 200 44-tonne HGV movements a day in and out of the site. Devon County Council recognised
It is clear that the size of vehicles involved in the application render a ‘no dig’ solution inappropriate for the depth of road construction that would be required. 
Devon County Council Highways have confirmed that they would not accept a “no dig” construction, due to HGV vehicles that will be using the road to access the proposed development... [which] means that the works will potentially interfere with the root protection areas of Trees F, G and H and some of G15A as illustrated by Drawing R22/L/3-3-005 and it is likely they will be damaged by the development and need to be felled. 4.1 
The visual impact that would be caused by the loss of these majestic 200 year-old oaks is clear:
 

The Planning Inspectors, in their report permitting mineral development at Straitgate, wrote: 
91. The proposed site access would be located in between trees F and G. There was some debate over whether trees F and G should be categorised as A or B using BS5837:2012. In our view, both categories A and B would indicate they are worthy of protection and should be retained. 
The Inspectors imposed the following conditions: 
39 All existing trees, shrubs and hedgerows within the site and on its boundaries shall be retained and protected from damage during the process of extraction and subsequent restoration unless they are identified to be removed as part of the current phase or a succeeding phase of mineral working or restoration as set out in the approved plans. 

41 Outside the designated mineral working areas, trees shall not be felled, lopped or topped or have their roots damaged and hedgerows shall not be removed, thinned or cut back without the prior written consent of the Mineral Planning Authority. 
Earlier this week – coincidentally the same week TPOs were slapped on HS2 – East Devon District Council, having recognised the importance and threat to the three oak trees around the proposed site access, imposed Tree Preservation Order 23/0014/TPO stating: 
The trees contribute to the amenity and character of the area and they are considered under threat from development and the impact of heavy machinery and vehicles.
The legislation governing Tree Preservation Orders can be found here. The Woodland Trust says "usually TPOs are placed on a tree or wood that’s deemed to be a local amenity": 
A Tree Preservation Order, or TPO, is usually made by a local planning authority (often the local council) to protect a specific tree or woodland from deliberate damage and destruction. This could include felling, lopping, topping, uprooting or otherwise wilful damage.