Decision details

15 Dukes Brow, Blackburn Tree Preservation Order 2023 (ref: BWD7)

Decision Maker: Planning and Highways Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


A repot was submitted to Committee to endorse the actions of the Council’s Arboricultural Officer/Planning Manager (Development Management) in making and serving 15 Dukes Brow Blackburn 2023 Tree Preservation Order (TPO) (ref: BWD7) and to confirm 15 Dukes Brow Blackburn 2023 Tree Preservation Order (TPO) (ref: BWD7) without modification.


On the 24th November 2023, the Council’s Arboricultural Officer was contacted by the owner of No.15 Dukes Brow, who was initially concerned about the safety and common law nuisance relating the house with one particular Lime tree. Further to the site visit, the owner then confirmed they wished to fell two lime trees.


Following a site visit made by the Council’s Arboricultural Officer on the 24th November 2023, it was considered having inspected the wall, which was low and ‘rough built’, the wall appeared to act as a small retaining wall. The wall appears to be exhibiting minor disruption to T2 Lime, and pruning works would suffice. With regards to the wall and the impact towards T1 lime tree, the wall had bellowed, but appears stable. The Arboricultural Officer considers if there is further disruption to the wall, the wall could be repaired or rebuilt relatively easily without the need to fell the tree.


The Arboricutural officer subsequently carried out a Tree Evaluation Method for Preservation Orders (TEMPO), which was undertaken on the 24th November 2023. The assessment gave the tree a very high score of 17, which fully warrants a TPO.


The emergency TPO was served on the landowner/freeholder on the 28th November 2023.


The lime tree scored 17 on a TEMPO assessment that fully warrants them worthy of protecting. Therefore, it is considered that the TPO should remain unless a justified reason is presented as evidence in a future application.


RESOLVED – That the Tree Preservation Order be endorsed and is confirmed without modification at 15 Dukes Brow, Blackburn.

Report author: Gavin Prescott

Publication date: 26/03/2024

Date of decision: 15/02/2024

Decided at meeting: 15/02/2024 - Planning and Highways Committee

Accompanying Documents: