Protected Chichester tree can be felled, appeal inspector rules

An appeal was made after Chichester District Council refused an application to fell a Blue Atlas Cedar tree, subject to a Tree Preservation Order, in a Harberton Crescent garden.

Inspector Mr D Szymanski made a site visit on April 30 and in his decision report on May 13 said: “I have sympathy with the Council’s laudable objectives to retain this protected tree and I note Council’s and Tree Officer’s view the evidence in the application is limited, further that the circumstances have changed little from a 2019 application.

“The full contents of that application1 approximately 5-6 years ago and the justification are not fully clear. However, I have considered this appeal upon its own merits, based upon the evidence before me and what I saw at my visit.

“With any application to fell a protected tree a balancing exercise needs to be carried out, and there is a presumption against the felling of a protected tree.

“However, the tree is a large growing species that is already dominant at the front of the property, and is not well suited for its specific location at this property. It is one not well known to be tolerant to significant works and its future form is likely to

necessitate frequent on-going works to manage its effects, limiting its sustainability and its contribution to future character, appearance and amenity, and potentially prejudicing its future health.

“A replacement tree would be planted which, in time, would grow to form a clearly positive and sustainable amenity feature, mitigating the loss of the appeal tree. In the particular circumstances of this specific location and appeal tree, the factors in

favour of felling are sufficient to outweigh the adverse effects upon the character, appearance and amenity of the area that would occur from its loss. Therefore, on-balance, there is sufficient justification to allow the felling of the appeal tree.”

The inspector said within the first planting season following the felling of the Blue Atlas Cedar tree a suitable replacement tree shall be provided in a position as near as practicable to the location of the felled tree at a height of at least 2 metres at planting. The species, type and location shall have been previously submitted to and approved in writing by the Local Planning Authority.