Aggregate Industries’ consultants had previously recognised that site entrance works and deep-dig road construction at Straitgate Farm could cause the loss of two majestic 200 year-old oak trees, writing:
the works will potentially interfere with the root protection areas of Trees F, G... and it is likely they will be damaged by the development and need to be felled. 4.1
They produced a photomontage to show the result:
The Planning Inspectors, in their report permitting mineral development at Straitgate Farm, conditioned that all trees outside the mineral working area "shall not be felled, lopped or topped or have their roots damaged", and that specifically trees F and G, either side of the permitted site entrance, "are worthy of protection and should be retained".
East Devon District Council agreed with Aggregate Industries’ consultants that the proposed works could damage trees F and G, and in March of this year issued a provisional Tree Protection Order 23/0014/TPO, as we posted at the time.
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.
Aggregate Industries – seeming to confirm the trees were indeed at risk – objected to the TPO:
... on the grounds that it is not necessary and that the mechanism for protecting these trees is already secured by condition 6 of the Appeal Decision for sand and gravel extraction at Straitgate Farm and that the only works that may impact on these trees are those that are necessary to implement a planning permission.
However, EDDC were of the view that:
The detailed plans submitted by Aggregate Industries show both trees being retained but then states that tree F (named as T3 in TPO) and tree G (named as T2 in TPO) ‘will be monitored and only removed if necessary’. This is somewhat ambiguous and raises concern that the trees may not be given the full protection during construction if it’s considered that the trees can be removed ‘if considered necessary’.It is noted as stated by the Objection, that the trees are protected by Condition 6 of The Appeal as they are shown as being retained on the plans (albeit with the caveat of ‘will be monitored and only removed if necessary’). However, with the conditions being only short-term and the rather ambiguous wording, it is considered that TPO will therefore help ensure long-term protection and that they are appropriately managed by current and future owners.
Given that even Aggregate Industries’ own consultants recognised the risk of harm to these trees, there must now be a big question mark over the deliverability of the site access plans.
TPOs allow the potential for "unlimited fines" in the case of damage:
Section 210(2) of the Town and Country Planning Act 1990 provides that anyone found guilty of these offences is liable, if convicted in the magistrates’ court, to a fine of up to £20,000. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine. Section 210(3) provides that, in determining the amount of fine, the court shall take into account any financial benefit which has resulted, or is likely to result, from the offence.
