List of Protected Trees: Holm Oak, Le Petit Chateau, La Route des Landes, St. Ouen.

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A decision made (13/03/2009) regarding: List of Protected Trees: Holm Oak, Le Petit Chateau, La Route des Landes, St. Ouen.

Decision Ref:	MD–PE–2009-0039
Subject:	List of Protected Trees: Holm oak, Le Petit Chateau, La Route des Landes, St Ouen
Decision Summary Title:	DS - List of Protected Trees: Holm oak, Le Petit Chateau, La Route des Landes, St Ouen
DS Author:	Assistant Director, Policy and Projects
DS Date:	26 February 2009	DS Status:	Public
Written Report Title:	WR - List of Protected Trees: Holm oak, Le Petit Chateau, La Route des Landes, St Ouen
WR Author:	Assistant Director, Policy and Projects
WR Date	26 February 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director, Policy and Projects
Decision(s):	The Assistant Minister for Planning and Environment resolved to remove the Holm oak at Le Petit Chateau, La Route des Landes, St Ouen from the List of Protected Trees
Reason(s) for Decision:	The amenity value of the Holm oak at Le Petit Chateau, Route des Landes, St Ouen is not considered to be sufficient to warrant its protection on the List of Protected Trees.
Legal and Resource Implications:	The Assistant Minister is empowered to add or remove trees to the List of Protected Trees based on their public importance, having considered all relevant material considerations as set out in the Law. In adding a tree to the List the Assistant Minister is then able to control certain operations not amounting to development in order to protect the amenity value of the tree. There is a right of appeal against the placing of a tree on the List of Protected Trees.
Action required:	Update the List of Sites of Special Interest; Notify the owner; Notify Development Control
Signature:		Date of SMT approval:
Position:	Assistant Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

List of Protected Trees: Holm Oak, Le Petit Chateau, La Route des Landes, St. Ouen.

PLANNING AND ENVIRONMENT

List of Protected Trees

Holm oak at Le Petit Chateau, Route des Landes, St Ouen

Purpose of the Report

This purpose of this report is to provide the Assistant Minister with an opportunity to determine whether or not to confirm the addition of a Holm oak at Le Petit Chateau, Route des Landes, St Ouen to the List of Protected Trees.

Background

The Planning and Environment Department received a request to statutorily protect a Holm oak (Quercus ilex) on land between the properties of Moreland and Le Petit Chateau at Route des Landes, St Ouen. It became apparent that the tree was the subject of a neighbour dispute and was under threat of removal.

On the basis of the perceived threat of removal, and following clarification of land ownership, the Assistant Minister for Planning and Environment authorised the Provisional Listing of the tree on the List of Protected Trees on 29 October 2008 (site plan and photographs at appendix 1). Notice was duly served on the landowner and on site.

Discussion

Following the Provisional Listing of the tree, a formal assessment of it was undertaken by the States Arboricultural Officer: his evaluation, dated 03 November, is attached at appendix 2. It is relevant to note that the Planning and Building (Jersey) Law, at Article 58, enables the Minister to protect trees that he feels, in the interests of the amenity of the Island, should be protected. The protection of any such tree enables the Minister to ensure that its amenity value is safeguarded by virtue of requiring applications to be made for any works to fell or manage any such tree.

The assessment, undertaken by the Arboricultural Officer using the Helliwell system, is based on a recognised and structured means of assessing the amenity value of trees taking into account factors such as the size of the tree; its useful life expectancy; importance in the landscape; presence of other trees; relation to setting; form and shape and any other special factors. In this case, taking all of these material factors into account, the amenity value of the tree is not considered to be high.

A representation has been received, submitted on behalf of the landowner on whose property the tree is situated (dated 12 November 2008 at appendix 2). The representation states that the tree ought not to be protected as this would be an abuse of planning powers to resolve a neighbour dispute; that there are no other trees protected in St Ouen and that others are more deserving of protection; Holm oak is apparently not well regarded in the Island; and that the tree, which has not reached full maturity, will increasingly overshadow the landowner’s property. None of these considerations are material to the Assistant Minister’s consideration of whether to protect the tree because of its amenity value.

The representation does, however, state that the position and context of this particular tree, as one of a group, limits its amenity value and contribution to the public realm which is also evidenced by the Arboricultural Officer’s assessment of the tree. The representation includes a photographic assessment of the tree and its context.

Discussion and recommendation

On the basis of the material considerations outlined above, it is recommended that the Assistant Minister removes the Holm oak at Le Petit Chateau, Route des Landes, St Ouen from the List of Protected Trees.

Reason(s) for Decision

The amenity value of the Holm oak at Le Petit Chateau, Route des Landes, St Ouen is not considered to be sufficient to warrant its protection on the List of Protected Trees.

Legal and resource implications

The Assistant Minister is empowered to add or remove trees to the List of Protected Trees based on their public importance, having considered all relevant material considerations as set out in the Law. In adding a tree to the List the Assistant Minister is then able to control certain operations not amounting to development in order to protect the amenity value of the tree.

There is a right of appeal against the placing of a tree on the List of Protected Trees.

Action Required

Update the List of Sites of Special Interest;
Notify the owner;
Notify Development Control

Written by:	Kevin Pilley, Assistant Director

Endorsed by:

Attachments:

Arboricultural Officers assessment (dated 03 November 2008);
Owner’s representation (dated 12 November 2008)