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This decision is taken under delegated powers set out in
Paragraph 145 of the Officer Scheme of Delegation in the Council’s
constitution, which grants delegated authority to undertake all action
in order to regulate any actual, perceived or potential breach of any 

of the Town and Country Planning Legislation including: 

  

to determine whether or not to take and/or to cease action
whether because in 

his/her opinion the breach is trivial, there is insufficient
demonstrable harm and/or, it 

is not expedient to take / continue to take action 

 

This authority has been delegated to me through the Local
Scheme of Nomination for the Executive Director for Place. 

 

Reasons for the decision

The initial report was raised by the Tree Team following the
observation of unauthorised works within the garden of Beechfield Grove. A
preliminary site visit identified a single fallen tree, which had collapsed
several years ago during a storm. Further correspondence with the Tree Team
clarified that the concern related to lower-level pruning of trees protected by
a Tree Preservation Order (TPO).

 

A second site visit was conducted, during which this
information was shared with the homeowner. Upon confirming the date of the
reported works, it was established that the pruning had been carried out by
builders working on the adjacent new-build property, and not by the owners of
Beechfield Grove.

 

The TPO trees remain in excellent condition and show no
signs of damage or adverse impact from the works. Both the owners of Drey House
and Beechfield Grove are aware of the legal constraints associated with TPO
trees and the conservation area designation. They are currently engaged in
discussions with the Tree Team regarding a large leaning tree located behind
both properties and are preparing a future application to prune overhanging
branches that pose a risk to agricultural and construction vehicles.

 

Given that no harm has occurred to the protected trees, it
is not considered expedient to pursue enforcement action against the builders
responsible for the original pruning works.

Alternative options considered

The alternative option would be to invite a retrospective
application. However, due to this matter being of low planning harm, it is not
expedient to pursue formal action. This is in line with Government guidance
which suggests that Local Planning Authorities should act proportionately in
responding to suspected breaches of planning control.