Agenda item

TPO 4/2021 - Old Manor House, Main Street, Bilbrough

Minutes:

Application: TPO 4/2021

Location: Old Manor House, Main Street, Bilbrough, York

Proposal: To confirm the Blue Atlantic Cedar – Preservation Order 4/2021

 

The Planning Officer presented the application which had been brought before Planning Committee to exercise the powers conferred by section 198 of the Town and Country Planning Act 1990.

 

Members noted that the application was to confirm the Blue Atlantic Cedar – Preservation Order 4/2021.

 

The Officer Update Note set out details of one further representation which had been received that queried why documentation which had been provided to the local authority from Barnes Associates was not available on Public Access.  The Officer explained that TPO documentation was not usually subject to publication on Public Access, however all documents and representations submitted to the local authority had been summarised within the officer report and included in the officer presentation for fairness. 

 

The Committee asked questions of the Officer in relation to the age and health of the tree and the potential liability to the Council should the tree be diseased, the Solicitor advised that the Council were in receipt of two horticultural reports which provided evidence, however if the decision was considered unreasonable then potentially the Council could be liable.

 

Additionally, the Officer explained that the Arboricultural specialist engaged by the Council had confirmed that if the recommended works were carried out to the tree this would minimise limb failures in the future; and that the tree made a positive contribution to the Conservation Area. 

 

Members queried whether the residents of Orchard House and Bilbrough Parish Council had been consulted, it was confirmed that the residents had supported removal of the tree, and that no response had been received from the Parish Council.

 

Daniel Hardy, applicant, was in attendance at the meeting and spoke against the application.

 

Members debated the application with some Committee Members in agreement that given the potential health of the tree it would be preferable to replace the current tree.  Other Members considered that, as an authority, a report had been commissioned which confirmed that the tree had the potential lifespan of a further 20 to 40 years and therefore the TPO should be confirmed.

 

It was proposed and seconded that the TPO 4/2021 NOT BE CONFIRMED.  An amendment was subsequently proposed that the TPO 4/2021 BE CONFIRMED.

 

A vote was taken on the amendment to CONFIRM the TPO 4/2021 and was WON.

 

A vote was taken on the substantive motion to CONFIRM the TPO 4/2021 and was CARRIED.

 

RESOLVED:

To CONFIRM the Blue Atlantic Cedar – Preservation Order 4/2021.

 

 

One Member raised a query regarding an application on page 196 of the agenda pack under planning applications determined under delegated powers which had been dealt with, and permitted, by Officers. There was no suggestion that the decision had been incorrect, however it was felt that an application as serious as eight houses being built in the Green Belt should have been brought before the Planning Committee.  A request was made that the delegation process was reviewed, as inappropriate development should not be subject to Officer delegation. 

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