Agenda item

Removal of conifer trees and chain link fence along southern boundary and replace with timber fence. (New ecological and landscaping information submitted 28th November 2023, proposing biodiversity net gain through replacement tree and hedge planting).

The committee considered planning application P23/S1793/FUL for the removal of conifer trees and chain link fence along southern boundary and replace with timber fence. (New ecological and landscaping information submitted 28th November 2023, proposing biodiversity net gain through replacement tree and hedge planting), on land at 99 Reading Road, Henley-on-Thames.  

Consultations, representations, policy and guidance, and the site’s planning history were detailed in the officer’s report, which formed part of the agenda pack for the meeting. 

The planning officer introduced the report and highlighted that the officer’s recommendation conflicted with the views of Henley Town Council. The local ward member had also exercised their right to call the application in.

The planning officer informed the committee that the site was an existing builders merchant and did not fall in any designated areas but was adjacent to the Henley Reading Road Conservation Area.

The planning officer informed the committee that in 1986 planning permission had been granted to allow the expansion of trade facilities on the site and this permission included a landscaping condition. The officer went on to advise that there was no evidence this condition had been discharged or that any enforcement action had been taken. The planning officer went on to inform the committee that any breach would now be immune from enforcement action and did not form a material consideration in the assessment of the application. The trees which were proposed to be removed could be removed without the need for planning permission.

The planning officer informed the committee the application sought to remove a chain link fence, conifer trees and hedges and replace with a three metre closed board acoustic fence. The proposed fence had limited visibility from any public vantage points. The planning officer advised that the forestry officer raised no objections subject to the proposed conditions. She informed the committee that the submitted ecological report demonstrated a 10 percent bio-diversity net gain and that the ecology officer had confirmed this and raised no objections subject to conditions to secure the proposed planting.

The planning officer confirmed that the site was not in a flood zone and officers were satisfied that the proposal would have no impact on flood risk compared to works which could be carried out without planning permission. The planning officer advised that the wording of proposed condition four should be amended to require implementation within the first planting season instead of prior to first occupation as the site was already occupied. The application was therefore recommended for approval subject to the proposed conditions.

Tom Buckley spoke on behalf of Henley-on-Thames Town Council, objecting to the application. 

Roy Collinson (Jewson), the applicant, spoke in support of the application. 

Councillor Stefan Gawrysiak, a local ward councillor, spoke on the application. 

The committee asked the planning officer to confirm that the trees to be removed were of no arboricultural value. The planning officer confirmed that the overall view was they did not have value worth preserving. She reiterated that the 1986 landscaping condition was not discharged and they therefore did not form part of any agreed landscaping plan. They were now immune from enforcement action and even if the condition had been discharged the requirement was only to maintain the trees for a period of three years which had now passed.

The committee asked if it was possible to change the tree types being planted to evergreen’s. The planning officer advised that a landscaping condition placed on the planning permission would need to mitigate some harm in order to be reasonable. She went on to advise that the additional mitigation measures which had been secured were a huge benefit when compared with the works which could be implemented without planning permission.

The committee asked if any measures had been taken to protect the proposed planting within the site. The planning officer confirmed that the landscaping condition had a duty to maintain for a five year period after completion. The planning officer advised that there was no condition requiring submission of a landscape plan as this had already been submitted.

A motion, moved and seconded, to approve the application with the suggested change of wording to condition four and an informative seeking laurel planting and an increased number of trees was carried on being put to the vote. 

The committee noted that the proposal would deliver a bio-diversity net gain in the long term and hoped that the installation of the fence would be adequate to protect the neighbourhood from noise. Whilst it was regrettable that the trees would not be as high and the planting was inside the fence, the motivation for the application was understood.

RESOLVED: to approve planning application P23/S1793/FUL, subject to the following conditions, together with an informative suggesting additional evergreen planting:

1. Commencement 3 years - Full Planning Permission

The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: By virtue of Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.

2. Approved plans

That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans, 414021, 414025, 414021, 414 022A and 414 022B, except as controlled or modified by conditions of this permission.

Reason: To secure the proper planning of the area in accordance with Development Plan policies.

3. Tree Protection (General)

Prior to the commencement of any site works (including tree removal or fence clearance) or site clearance) a methodology for the protection of all existing trees which are shown to be retained, and which complies with the current edition of BS 5837: "Trees in relation to design, demolition and construction" shall first have been submitted to, and approved in writing by, the Local Planning Authority. The agreed measures shall be kept in place during the entire course of development.

Reason: To safeguard trees which are visually important and in order to demonstrate an appropriate biodiversity net gain within the site, in accordance with Policies ENV1, ENV3, DES1 and DES2 of the South Oxfordshire Local Plan 2035.

4. Landscaping implementation

The landscaping scheme as shown on the approved plan (APPENDIX 4 PROPOSED LANDSCAPE PLAN by Scarp, Ref. SC-01 B) shall be implemented within the first planting season and thereafter be maintained in accordance with the approved scheme. In the event of any of the soft landscaping so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, replacement planting, as the case may be, of a species first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.

Reason: To help to assimilate the development into its surroundings and in order to demonstrate an appropriate biodiversity net gain within the site, in accordance with Policies ENV1, ENV3, DES1 and DES2 of the South Oxfordshire Local Plan 2035.

Informatives

5. All wild birds and their nests receive protection under the Wildlife and Countryside Act 1981 (as amended) which makes it illegal to intentionally take, damage or destroy the nest of any wild bird while it is use or being built. Therefore in order to avoid contravention of this legislation any site works likely to affect potential bird nesting habitat should be timed to avoid the main bird nesting season which runs from March to August. If this is not possible, a check should be carried out prior to any clearance works to ensure there are no active nests present.

6. The applicant is advised to consider the provision of additional evergreen planting along the boundary to supplement the approved landscaping.

7. Joint Henley & Harpsden Neighbourhood Plan policies

SD3: Local Character

ENV3: Trees

ENV2: Biodiversity