DEPARTMENT OF THE ENVIRONMENT
List of Protected Trees
Trees at Rosemount Court, Mont Pinel, St Helier
Purpose of the Report
To enable the Minister to consider the addition of a group of four sycamores (Acer pseudoplatanus) at Rosemount Court, St Helier to the List of Protected Trees.
Background
Concern has been expressed to the department about the potential threat of removal of trees from land at Rosemount Court (representation dated 16 December 2011 at appendix 1). Following their assessment by the Arboricultural Officer, the Minister expressed an intent (MD-PE-2012-0008) to List four sycamores at the site [identified as T2, T3, T5 and T6: see appendices 2 and 3] and notice was duly served on the owner.
A representation from the owner has subsequently been received (dated 07 March 2012 appendix 4).
Discussion
The trees in question comprise a group of relatively mature trees growing in a line in a confined space between the rear of a garage block and a boundary wall immediately adjacent to Mont Pinel. The trees are prominent roadside features in a suburban setting that forms part of the designated Green Backdrop Zone in the 2011 Island Plan (see Island Plan zoning at appendix 5).
From a planning perspective, it is considered that the trees do provide amenity value to the immediate locality, as well as contributing to the green backdrop of this part of the town.
There is limited soil for the trees to grow in and there is evidence that the retaining roadside wall has been repaired in the past and old clay pipe rubble on site may be indicative of previous damage to drainage goods (see images at appendix 3).
The trees have been surveyed by the Arboricultural Officer (see appendix 6). His professional view is that the constrained location of the trees is posing some difficulties for the trees’ survival as they continue to grow: there is already some evidence of this presented by some stag-heading in the crowns of some of the trees. Furthermore, some of the trees are very close to existing structures and may cause damage.
This view is also set out by the owner in her representation, which is also supported by her own professional arboricultural advice.
From a management perspective, the Arboricultural Officer has suggested that a phased removal and replacement of trees here could be successful, enabling removal of the weaker trees in the first instance, followed by their replacement with a more suitable species (such as hawthorn). In the longer term, the remaining sycamore could be removed as the earlier replacement planting matures. The owner’s representation also sets out a similar proposal.
A management regime of this sort could only be secured where the removal of trees (and their subsequent replacement) is regulated by listing. This would not preclude the future removal of trees, where this was justified because of their declining health and vigour, but would enable formal consideration of this, as well as their potential replacement.
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.
Article 61(4) of the Planning and Building (Jersey) Law 2002 enables the Minister to specify the replacement of protected trees where permission is granted by the Minister to remove them.
Recommendation
On the basis of the above and the advice of the Arboricultural Officer the Minister is recommended to;
- confirm the addition of the four sycamores [identified as T2, T3, T5 and T6 at Rosemount Court, Mont Pinel, St Helier to the List of Protected Trees because of their amenity value;
- express his willingness to consider an appropriate phased removal and replacement of trees in this locality to ensure that their contribution to local amenity is secured whilst ensuring the planting of more appropriate species and minimising the risk of damage to structures.
Reason(s) for Decision
- the amenity value of four sycamores [identified as T2, T3, T5 and T6: see appendices 5 and 6] at Rosemount Court, Mont Pinel, St Helier as defined in the schedule and relative to the established criteria for selection, justifies their intended inclusion in the List of Protected Trees in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
- it accords with the States Strategic Plan commitment of protecting and enhancing our natural and built environment.
Action Required
Serve notice of the Minister’s addition of the tree(s) to the List of Protected Trees
Written by: | Kevin Pilley: Director (Policy, Projects and the Historic Environment) |
Attachments:
Appendix 1: representation dated 16 December 2011
Appendix 2: location plan
Appendix 3: images
Appendix 4: representation dated 07 March 2012
Appendix 5: Island Plan zoning
Appendix 6: arboricultural assessment
File ref T/2012/0002
Date 20/06/12
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