Ash Mews, Downside, Epsom - Epsom and Ewell Borough Council

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PLANNING COMMITTEE

1 DECEMBER 2005

GENERAL ITEM 14

THE CEDARS, CHURCH STREET, EPSOM; ASH MEWS, DOWNSIDE, EPSOM; 2

PURBERRY GROVE, EWELL AND AURIOL JUNIOR AND THE MEAD INFANT

SCHOOLS, EWELL

Proposed Tree Preservation Orders - PLANS

TOWN, EWELL AND AURIOL

Notes

RECOMMENDATION (S)

That the Committee authorise the Chief Solicitor to prepare serve Tree Preservation Orders at

(1) The Cedars, Church Street, Epsom and Ash Mews,

Downside, Epsom;

(2) 2 Purberry Grove, Ewell;

(3) Auriol Junior School and The Mead Infant School

Newbury Gardens, Stoneleigh.

Summary

Members are asked to consider making Tree Preservation Orders (TPO) in respect of the trees outlined in this report and shown on the accompanying plans and photographs. These trees have been assessed as having significant public amenity value.

The need to make these orders has arisen for the following reasons:-

Members will be aware that the Council is proposing the disposal of The Cedars as part of its programme of disposing surplus property. A Tree Preservation Order is considered prudent to reinforce the status of selected trees on the site and secure their protection under a change of ownership. A tree on the adjoining site of Ash Mews has also been identified under this proposal as it overhangs the boundary of The Cedars.

The resident of 2 Purberry Grove has requested that his Tulip tree in the rear garden is made the subject of a Tree Preservation Order.

Surrey County Council intends to dispose of land at Auriol Junior and Mead Infant Schools.

A specimen and group of trees on this land is recommended for protection in view of future development potential and possible threat to the trees.

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PLANNING COMMITTEE

1 DECEMBER 2005

The Cedars and Ash Mews

GENERAL ITEM 14

In connection with the disposal of The Cedars, the Council’s Tree Officer has conducted a quality assessment survey of trees on and overhanging the site. The survey identified three trees within the Cedars and one tree within Ash Mews that were considered highly desirable to retain. These trees are set out below.

T1 – London Plane ( Platanus x acerifolia ) . A large ancient tree of 22m height and 18m spread, particularly prominent in the street scene. The plane is estimated to be over 250 years old and has a trunk diameter of 246.8cm. It is reputed to be one of the oldest specimens in

Surrey. The Plane will require veteran tree management in the form of tree surgery to conserve its structure and maintain the longevity.

T2/3 – A pair of early middle aged Yews ( Taxus baccata) estimated to be 100 years old. The

Yews have attained a height of 15.5m and have a combined spread of 18m making them a significant feature of the back garden environs.

T4 – Pride of India ( Koelreuteria paniculata ) (located on the boundary of Ash Mews).

Estimated to be 70 years old with a height of 13.5m and a spread of 12.8m. This more unusual species is one of the best specimens in the Borough.

The Councils Estates Department now has a procedure in place where prior to disposal of

Council land, consideration is given to making Tree Preservation Orders, where appropriate.

This recommendation follows this protocol and enables the legal team to make known proposed TPO`s to perspective purchasers.

2 Purberry Grove

The resident has written to the Council asking for a Tulip tree located in the rear garden to be made the subject of a Tree Preservation Order. They were concerned that the tree could be vulnerable to indiscriminate lopping by neighbours which could adversely affect its character.

They also felt that large Tulip trees were rare.

The Tree Officer has conducted an amenity appraisal and he considers that the tree makes a good contribution to public landscape amenity. It is clearly visible from the two adjoining roads and being a large tree it adds significantly to the leafy composition of the back garden treescape. Tulip trees are not rare but a tree of this size is locally unusual. The Tree Officer notes that large trees have been removed from the immediate area recently. The large rear garden of 2 Purberry Grove abuts the Ewell Village Conservation Area.

T1 – Tulip Tree Liriodendron tulipifera . A middle aged specimen having attained a height of

15.5m, crown spread 12m and trunk diameter at 1.5m of 830cm.

Auriol Junior School and The Mead Infant School

Surrey County Council has published a Notice detailing their intention to dispose of land adjoining Cuddington Avenue at the above schools and to use the capital receipt to reinvest in

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PLANNING COMMITTEE

1 DECEMBER 2005

GENERAL ITEM 14 the schools. Consultation is in progress with the local residents on this proposal until

February 2006.

Situated on the boundary of the schools, close to the junction of Cuddington Avenue and Vale

Road, is a belt of trees and an individual specimen of important landscape form that add considerably to the landscape setting of the roads and small parade of shops opposite. In view of the fact that the trees could come under development pressure if the land is redeveloped, it is considered expedient to place them under TPO. This should help to reinforce their status and aid their protection.

With consent of the Head Teacher, the Tree Officer has carried out a quality appraisal of the trees. He considers that select specimens within the group are in a good condition, desirable to retain and worthy of a Tree Preservation Order.

T1 – Walnut, ( Juglans regia). A tree of early-middle age estimated to be 40 years old with a height of approximately 11m and crown spread of 12.8m.

GP 1 – A group comprising of 1 mature Horse Chestnut ( Aesculus hippocastanum) , 1 Mature

Ash ( Fraxinus excelsior) and 6 middle-aged Beech ( Fagus sylvatica). The trees are estimated to be 50 to 60 years old, they have attained a spread of between 9 and 16m and a height averaging 19m.

The request to investigate protection of these trees was made by a Local Ward Councillor

Relevant Planning History

The Cedars and Ash Mews are located within the Church Street Conservation Area designated in.

Planning Policy

NE5, NE7 and NE8.

PLANNING CONSIDERATIONS

Under section 198(1) of the Town and Country Planning Act, the Local Planning Authority may make a Tree Preservation Order if it appears to them to be “expedient in the interest of amenity to make provision for the preservation of trees and woodlands in their area”.

Tree Preservation Orders are served under regulation 3 of the 1999 Reguations. These require that the TPO is served on owners and occupiers of land affected by the tree/s. A section 201 direction ensures the TPO takes effect immediately upon being served. There is an opportunity for those with an interest to raise an objection to the TPO.

Members should be aware that any objections to the TPO are brought back to Committee for consideration before deciding whether or not to confirm the Tree Preservation Order. Unchallenged Orders are normally confirmed automatically.

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PLANNING COMMITTEE

1 DECEMBER 2005

GENERAL ITEM 14

The Secretary of State’s view is that it would very rarely be appropriate for one Local

Planning Authority to make a Tree Preservation Order on land owned by another Local

Planning Authority in their area. These circumstances change when land is in the process of being sold and the land owning authority ceases to have a continuing interest.

It would appear from the advice obtained, that it would be appropriate for Epsom and Ewell

Borough Council to make the Tree Preservation Order in respect of the trees identified at

Auriol and The Mead Schools, due to Surrey County Council’s land disposal plans.

Residential amenity

The selective provision of Tree Preservation Orders supports the Council’s key priorities to improve the visual appearance of the local environment and the Community Strategy in helping to protect the local environment.

Contact: Jeremy Young

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