RING BARKING
PROTECTED +70 ft MONTEREY PINE TREES Bessborough, Bodley & Beaumont Roads
I wanted to stop the felling of trees at 1 Beaumont Road through the High Court. Since my action, six trees were killed by ring barking on Easter Monday and will be felled from tomorrow onwards. I will continue to try to protect the remaining trees and seek replanting with like for like trees.
If you would like to support me, then please email:
Alex Roden 23 Bessborough Road
Summary of Events
- Single dwelling at 1 Beaumont Road occupies a corner plot bordering Bodley, Bessborough and Beaumont Roads. Plot is unique as it has 22 trees on site and is surrounded by 18 mostly 70ft Monterey pines protected under TPO 1966.
- Appeal made to Planning Inspector by property owners to fell three Monterey pines (middle of row of 9)
on 1 Beaumont Road bordering Bessborough Road was dismissed on 1 August 2011 due to the pines providing “high public amenity value to this residential part of Canford Cliffs” and removal “would leave a significant gap in the belt of pines and significantly reduce its landscape impact.”.
- On 6 March 2015 landowners applied to Poole Council for demolition of existing single dwelling and
erection of three new dwellings.
- Arboricultural Impact Assessment report by AJ Scott submitted on 24 March 2015 cites conflicting numbers of trees to be felled on different pages and schedules. Tree protection plan by AJ Scott submitted 24 March 2015 grades all 22 trees on 1 Beaumont Road to have life expectancy of less than
10 years.
- Poole Council’s Russ Fisher on 1 May 2015 describes arboricultural report as “wholly inadequate”, “with glaring errors in both assessment and categorisation of trees”, “not fit for purpose, as defined by BS5837:2012 and should therefore be disregarded”.
- Poole Council refuses planning 1 June 2015 for different reasons, the first reason being that it “would
be harmful to the immediate and future health of protected trees”.
- Landowners appeal to Planning Inspector. On 11 February 2016 appeal is allowed and planning permission is granted subject to conditions, including “arboricultural method statement prepared by an arboricultural consultant …providing comprehensive details of construction works in relation to trees shall be submitted to, and approved in writing by, the Local Planning Authority, and implemented prior to the commencement of all demolition and development. All works shall be subsequently carried out in strict accordance with the approved details. In particular, the method statement must provide the following: ….9c a schedule of tree works conforming to BSe998:2010, Tree Work – Recommendations.” To date none of the conditions have been met.
- Alex Roden commissions new tree report by Arboricultural Association approved Consultant. 17 March
2016 expert Mark Carter confirms criticism by Poole Council of tree report.
- On 22 March 2016 Weightmans solicitors sends notice to landowners, developer Fortitudo, Poole
Council and Secretary of State that Alex Roden is challenging the Appeal decision in High Court.
- On Good Friday morning, 25 March 2016, Richard Carr representing Fortitudo visited Alex Roden at her home three times confirming he did not need to fell the trees and he was “happy to enter into an agreement that in perpetuity we will not make application for any of the trees to be removed”, he requested Alex Roden to withdraw the judicial review.
- On Easter Monday morning 28 March 2016 Richard Carr and two men with chain saws accessed 1
Beaumont Road and ringbarked 4 Monterey pines in a row including the 3 subject to the unsuccessful appeal in 2011, 1 Beech tree and a holly, without consent of landowners.
- Police and Poole Council were notified that day.
- Arboricultural expert has confirmed that the ringbarked trees will now die within 12-18 months’ time.
- Weightmans 1 April 2015 writes to Poole Council informing that under “1990 Act and Regulation 13 of the 2012 Regulations it is an offence to wilfully damage a tree” “unless the work is necessary to implement a planning permission.”
- Poole Council’s response 5 April 2016 was that “whilst the necessary pre-commencement conditions have not been complied with that does not prevent the felling of trees prior to the Commencement of Development.” “Whilst it is not accepted that ‘ring-barking’ was a necessary pre-requisite to the implementation of the planning permission given the authority in any event to fell these trees it would not be in the public interest to investigate that action when, in any event, the trees are to be felled.”
- Weightmans on 6 April 2016 disagrees with Poole Council and its suggestion that “no offence has been
committed”, and “considers that the Council would be making an error of law if this is its interpretation
of the Regulation 14 exemption based on these facts”.
- Awaiting decision from Judge whether case should go to full hearing of High Court Planning Court, decision expected early May 2016. Full hearing would be approx. six months later.