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Linden House, Bagatelle Road, St. Saviour: Protection of Trees

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 27 February 2012:

Decision Ref:

MD–PE–2012-0015

Subject:

List of Protected Trees: Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour

Decision Summary Title:

DS - List of Protected Trees: Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour

DS Author:

Director

Ref:

T/2012/0001

DS Date:

23 February 2012

DS Status:

Public

Written Report Title:

WR – List of Protected Trees: Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour

WR Author:

Director

WR Date

23 February 2012

WR Status:

Public

Oral Rapporteur:

Director: Policy and Projects

Decision(s):

The Minister for Planning and Environment:

  1. confirmed the Listing of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour
  2. did not confirm the Listing of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, and endorsed its removal from the List of Protected trees

Reason(s) for Decision:

  1. The amenity value of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour, as assessed, relative to the criteria for selection, justifies its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
  2. Whilst the amenity value of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, as assessed, relative to the criteria for selection, would justify its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002, the fact of its diseased condition and potential risk to safety is an overriding consideration.

Legal and Resource Implications:

Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees, those trees that the Minister is satisfied should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission in the interests of the amenity of Jersey.

Action required:

  1. Notify owner
  2. Update the List of Protected Trees
  3. Notify Development Control

Signature:

 

 

Position:

Deputy RC Duhamel, Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

Linden House, Bagatelle Road, St. Saviour: Protection of Trees

 

 

 

Item No:

 

 

Date:

 

PLANNING AND ENVIRONMENT

 

List of Protected Trees

Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea)

on land at Linden House, Bagatelle Road, St Saviour

 

Purpose of the report

To enable the Minister to consider whether to add an Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour to the List of Protected Trees.

 

Background and discussion

As a result of a planning application for the development of two new dwellings in the garden of Linden House (P/2011/1428), and potentially adverse implications for two mature trees on the site involving an Atlas Cedar (Cedrus atlantica) and Purple Beech (Fagus sylvatica Purpurea) (location plan and images at appendices 1 and 2 respectively), a Notice of Provisional Listing of these trees was served on the owner of this property on 13 January 2012.

 

Representations have subsequently been received from the owner’s agents (set out at appendices 3 and 4) which essentially set out a case for the removal of the Purple beech tree on the grounds that it is diseased, decaying and, therefore, potentially dangerous given its location immediately adjacent to a public highway.

 

Any such representation would normally be considered by the Minister at a public meeting. Owing to the potential risk posed by the beech tree, and the owner’s desire to fell it (before 01 March prohibition on felling during the bird breeding season), this matter has been brought, with the owner’s agreement, to the Minister’s attention as soon as possible.

 

The States Arboricultural Officer has surveyed both trees on the site and has reviewed the representations submitted by the owner’s agents (see survey and comment on representations at appendices 5 and 6). The Arboricultural Officer concurs with the views expressed that the beech tree is diseased (albeit he does not accept some of the bases presented for the onset of disease in the tree and the risk posed by beech trees in general), and that, given its location close to a public road, ought to be removed on the grounds of safety.

 

The representations submitted do not seek to challenge the Listing of the Cedar on the basis that its amenity value is recognised and accepted and it is considered to be in good health.

 

Legal and resource implications

Article 58(2) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Protected Trees those trees which the Minister is satisfied, in the interests of the amenity of Jersey, should not be cut down, lopped or otherwise altered, harmed or interfered with without the Minister’s permission.

 

Recommendation

On the basis of the above, and having regard to the material considerations set out in the appendices, it is recommended that the Minister for Planning and Environment:

  1. Confirms the Listing of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour
  2. Does not confirm the Listing of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, and endorses its removal from the List of Protected trees

 

Reason(s) for Decision

  1. The amenity value of the Atlas Cedar (Cedrus atlantica) on land at Linden House, Bagatelle Road, St Saviour, as assessed, relative to the criteria for selection, justifies its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
  2. Whilst the amenity value of the Purple Beech (Fagus sylvatica Purpurea) on land at Linden House, Bagatelle Road, St Saviour, as assessed, relative to the criteria for selection, would justify its inclusion on the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002, the fact of its diseased condition and potential risk to safety is an overriding consideration.

 

Action Required

  1.   Notify the owner
  2.   Update the List of Protected Trees
  3.   Notify Development Control

 

 

Written by:

Kevin Pilley

Director (Policy and Projects)

 

Attachments: 

Appendix 1: location plan

Appendix 2: images

Appendix 3: representation from Bruce Labey Landscape Architecture

Appendix 4: representation from Channel Island Tree Services Ltd dated 13 Feb

Appendix 5: Arboricultural Officer’s surveys dated 09 January

Appendix 6: Arboricultural Officer’s review of representations dated 07 Feb

 

File ref    T/2012/0001

Date  23 February 2012

 

C:\scp\ora_dc\MWR.DOC


 

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