The report of the Director of Planning, Building Control and Licensing is enclosed.

Consideration was given to the report of the Director of Planning relating a Tree Preservation Order 2020 that sought approval of the Committee to instruct the City Solicitor to confirm the Tree Preservation at 109 Parsonage Road, Manchester, M20 4WZ, under Section 199 of the Town and Country Planning Act 1990, and that the Order should cover the tree as plotted T1 on the plan included in the report submitted.

The Chair invited the homeowner to address the Committee in objection to the Tree Preservation Order. The homeowner stated that the three trees within the property are causing and continue to cause substantial damage to the foundation and structure of the house and also have caused damage to drains connected to the property. This is supported by a structural survey report and drainage survey. A local search was carried out and the City Council and confirmed at the time, there was no TPO on trees at 109 Parsonage Road. This had influenced the current home- owners decision to purchase the property. The making of the TPO has caused a great deal of distress to the family and they feel misled by the Council. The Council did not make the homeowner aware a TPO was being made on the trees at the property. The homeowner would have not purchased the property if they were aware of this. The trees are dangerous to both the homeowners and their family and to passers-by, from the potential of falling branches and collapsing boundary wall. Flagstone(s) have lifted within the property causing a young child to trip. The homeowner intends to apply for permission to build a side extension in area currently occupied by the trees. An offer had been to the Council to help with cost to plant trees in Ladybarn Park to mitigate the loss of the trees. The local community have expressed its support to remove the trees (133 messages of support and signatures received). The family have never received correspondence on the proposal for a TPO because the letter received was addressed to the wrong person. The side bay does have sufficient footings. The family will consider selling the property if the TPO is confirmed. The trees have been monitored since July 2020 and the situation is worsening.

The applicant for the TPO addressed the Committee in favour of the Order.

Councillor Wills addressed the Committee in support of the homeowner to object against the TPO.

The Planning Officer reported that the planting of trees in Ladybarn Park would have to be carried out as an informal agreement and not as part of any conditions relating to the TPO. The Committee was advised that future maintenance work could be carried out on the trees and a request could be made to remove the trees, if damage was caused.

The Chair invited members of the Committee to ask questions.

Members referred to the benefit provided by trees in gardens but noted the sizes of the trees concerned and the structural survey carried out on the property which members of the Committee had not seen. It was noted that the homeowner would be financially liable for the maintenance of the trees. 

The Planning Officer reported that the survey had been assessed by a Council  arborist and a surveyor. The Committee was advised that any structural work to the property, such as underpinning would be the responsibility of the homeowner. Members raised the issue of whether it would be reasonable to modify the TPO in order to cover only one or two of the trees. In view of the questions raised regarding the confirming of the TPO, the Committee was advised that there was time available to allow the homeowner to undertake a further survey to better determine which of the trees individually could be potentially causing structural issues to the property.

The planning officer reported that any additional information provided by the homeowner would be assessed by Council officers. It was not possible for the Council to undertake a structural survey on a privately owned property.

Councillor Flanagan proposed that the Tree Preservation Order be deferred  to allow time for the homeowner to provide a structural report to identify structural issues in the property that may have been caused by a tree or trees.

Councillor Andrews seconded the proposal.

Decisions

1.      The Committee deferred the Tree Preservation Order to allow the homeowner to conduct a further survey on the property to determine any structural issues that may have been caused by individual trees within the property and the subject of the TPO.

2.      That subject to the agreement of the homeowner, the structural survey submitted to the Council by the homeowner be circulated to members of the Committee for information.