Speaker – Mr Mahmood (Objector)

The Committee were requested to endorse the actions of the Council’s Arboricultural Officer/Planning Manager (Development Management) in making and serving the 15 Lammack Road Blackburn Tree Preservation Order 2022.

On 29th October 2021, the local planning authority received a formal full planning application (ref: 10/21/1223) to remove the wall at the front of the property in order to create a new access and car parking space in the front garden of No.15 Lammack Road, Blackburn. The proposals were to impact upon three existing mature trees on the eastern boundary of the application site. During the assessment of this enquiry, the Council’s Arboricultural Officer, considered the trees in question, were worthy of protection

The Arboricutural Officer subsequently carried out a Tree Evaluation Method for Preservation Orders (TEMPO), which was undertaken on the 13th January 2022. The assessment gave the tree a high score as illustrated in image 2 in the main report, which fully warrants a TPO. Members are advised that the planning application for the new access and car parking space at No.15 Lammack Road, is still under consideration, and a site meeting was scheduled for the 12th May, with the applicant, and the Council’s Arboricultural and Highways Officer, to discuss revisions that would satisfy both concerns relating to the impact on the protected trees, and highway safety.

The trees are situated on the eastern boundary of the property and are all mature in age. A high visual amenity for the area, the trees are approximately 13m in height and average a ‘Diameter at Breast Height’ of 400mm and a Crown Spread of approximately 8m. The trees are a typical size and age for planting in this area and an integral part of the character of this part of Lammack Road.

The current property owners, where the trees are located, and the ward councillors were informed of the proposed TPO on the 26th January 2022.

An objection was received from the trees’ owner, Mr Mahmood, stating a number of issues including: blocked drains, impact upon a gas pipe, trees removed at No.17, and confusion as to the original TPO. Although not formal, an objection in the form of an email from the residents at No.13 Lammack Road was also received on the 10th February 2022, where they simply said; “You will not make this TPO because the leaves make the path slippy”. A summary of the representations received are detailed in section 6 of the main report.

In terms of the objections, drains and pipes are not a material consideration when looking to protect trees. All modern drains and pipes are made of a plastic non penetrable material and are usually not compromised by tree roots. With regards to the issues at the neighbouring property No.17, all these issues are being addressed through the appropriate enforcement channels, together with the proposed development approved under application reference 10/21/0885. Members are also advised this is not a material consideration for this site, the subject of the TPO. The confusion with the TPO, as referenced, is relating to the fact that the trees are already subject to a TPO dated 1991, where the tree species were listed as Elm and not Lime. This is the reason for re-making the order.

The trees are of considerable amenity value and are under threat of removal if the planning proposals, submitted at the time under application reference 10/21/1223, were approved. The emergency Tree Preservation Order was made on the 26th January 2022, and the Council has six months in which to confirm this order. As such, the deadline for confirmation is 26th July 2022, and if the TPO is not confirmed by this date the trees would potentially not be protected due to the issue with the 1991 Order.

The Members of the Committee discussed the report with the officers and heard representations from Mr Mahmood, 15 Lammack Road.

RESOLVED –

1.    That the Tree Preservation Order 2022 be endorsed;

2.    That the 15 Lammack Road Blackburn 2022 Tree Preservation Order (C12) is confirmed without modification.