Decision details

7 Dukes Brow, Blackburn Tree Preservation Order 2023 (ref: BWD6)

Decision Maker: Planning and Highways Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


A report was submitted to the committee to endorse the actions of the Council’s Arboricultural Officer/Planning Manager (Development Management) in making and serving 7 Dukes Brow Blackburn 2023 Tree Preservation Order (TPO) (ref: BWD6) and to request that the Committee confirm 7 Dukes Brow Blackburn 2023 Tree Preservation Order (TPO) (ref: BWD6) without modification.


On the 1st November 2023, the Council’s Arboricultural Officer was contacted by the owner of the adjacent property to No.7 Dukes Brow, Bank House, Adelaide Terrace, who confirmed they were intending to submit a Section 211 Notification for works to trees in a conservation area, to fell a Lime tree, as shown on the location plan (refer to image 4), as they considered it is causing damage to a boundary wall. The owner stated “The Lime tree is elevated on a higher section of land and directly adjacent to the boundary wall. Due to its proximity with the boundary the root morphology cannot develop stability roots on the eastern side. The result of this is that if the tree is ever uprooted it can only go eastward.”


Following a site visit made by the Council’s Arboricultural Officer on the 9th November 2023 (refer to Images 1-3), it is considered that the damage to the wall referred to above, appears minor and the partially dislodged stones on the top appears minor and potentially could be easily rectified. With regard to anchorage concerns, it is considered the tree is not liable to collapse. The root growth, morphology and architecture will allow adaption of roots (view of the Arboricultural Officer) to provide perfectly acceptable root development and stability, without the risk of the root plate failing. The wall will not create a barrier for root growth and roots will have likely grown and extend beyond the base of the wall.


The tree will have adapted with the development of structural roots with the associated stresses and strains during development from a young tree. The only potential compromise would be if the soil growing medium, mechanical strength (bulk density) was to be inadequate. There is no evidence to indicate this the case and soils typically would be suitable. If required, this could be relatively easily checked with excavations to determine the soil structure and soil texture.


The Arboricutural officer subsequently carried out a Tree Evaluation Method for Preservation Orders (TEMPO), which was undertaken on the 9 th November 2023. The assessment gave the tree a very high score of 18 as illustrated in image 5, which fully warrants a TPO.


It is considered that the TPO should remain unless a justified reason is presented as evidence in a future application.




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: