Application Number M/25/00021/TPOA
Status Application Refused

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Planning Online Status


  • Application
    Valid
    06/01/2025
  • Consultation
    End
    N/A
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    11/02/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00021/TPOA
Location Address 17 Oaklands Malvern WR14 4JE
Proposal Undertake tree works, as detailed on application form and in any accompanying information.
Status Refusal
Application Type Tree Preservation Order Application (works to)
Appeal Decision N/A

Important Dates
Application Received Date 06/01/2025
Application Valid Date 06/01/2025
Consultation Start Date
Site Visited / Site Notice Date
Consultation End
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 11/02/2025

Further Information
Expected Decision Level Delegated
Case Officer Chris Lewis-Farley
Parish Malvern Wells CP
Ward Castlemorton, Welland & Wells Ward
Applicant Mrs Kim Fisher, 360 Globalnet Ltd
Agent Mrs Kim Fisher, 360 Globalnet Ltd
Agent Address Regus House, Herald Way Pegasus Business Park Castle Donington DE74 2TZ

Condition Details / Information Notes
Although root samples were taken from the trial/borehole in the vicinity of the house down to a depth of 3500mm, the roots found were identified as being from an oak tree i.e., no beech (or any other species) roots were found. Therefore, no conclusive link has been established between the large TPOd beech tree and any problems with the nearby house.
Previously, it was concluded that an oak tree to the south of the house (since removed under application reference M/24/00218/CAN) had caused the subsidence of 17 Oaklands. The oak tree stood approximately 17 metres directly to the south of 17 Oaklands. Growing in between 17 Oaklands and the spot from where the oak was removed are several mature trees. This includes 2 beech trees, one sycamore and one ash tree. All of these trees are approximately 14 metres tall, and yet to reach maturity i.e., in a period of active growth, whereas the TPOd beech tree has reached probably full size, and its growth rate expected to have slowed. The other trees are of lesser quality than the beech tree (the subject of this application). The canopy of the ash tree is almost touching the roof of 17 Oaklands, demonstrating its close proximity. There is no explanation in the submitted reports why the potential influence of these trees has been discounted. It has not been demonstrated that that these trees are not the cause of the structural problems, rather than the beech tree that is the subject of the Tree Preservation Order and this current application.
There are a cluster of trees (2 beech trees, one sycamore and one ash tree) growing between 17 Oaklands, and the site of the previously removed oak. It has been demonstrated that oak roots were capable of making their way through this particular piece of ground, presumably unimpeded, to beneath 17 Oaklands. It also seems likely that the roots from aforementioned cluster of trees would also be able to make their way to the same location via the same route. However, the beech tree that is the subject of this application is growing at a lower level than the house (approximately 3 metres lower) down a bank. No evidence has been provided demonstrating that the TPOd beech tree's roots have made, or indeed could make access to the ground below 17 Oaklands.
Other than the vegetation (trees) already mentioned, there is a spread of other vegetation present either on or in close proximity to the subject property. This includes a plum tree between the house and the TPOd beech, dense shrubbery between the TPOd beech and the house including cherry laurel, Mahonia, Buddleia, Sarcococca, Lonicera japonica, Symphoricarpos, elder and Portuguese laurel, a hedge on the southern boundary of the property comprised of yew, cherry laurel, Leyland cypress, holly and Lawson cypress, and a substantial cypress (approximately 14 metres tall) growing in a location that is a similar distance from the house as the recently removed oak. It has not been demonstrated that it is not these trees/shrubs that are causing the structural problems rather than the beech tree.
In the submitted arboricultural report it states "Irrespective of the identification of recovered root samples, the roots of the Copper Beech (T4) are also likely to be present below foundation level in proximity to the area of movement/damage and influencing soil moisture and volumes. Based on the technical reports currently available, engineering opinion and our own site assessment we conclude the damage is consistent with shrinkage of the clay subsoil related to moisture abstraction by vegetation. Having considered the information currently available, it is our opinion that the Oak (T5) and the Copper Beech (T4) are the principal cause of or are materially contributing to the current subsidence damage". The report provides no evidence to substantiate the suggestion that the beech tree is a contributory factor to any movement in the nearby building. The suggestion is speculative in nature only.

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 06/01/2025 Application Form - redacted (255kb) -
02. Supporting Information 09/01/2025 Level/Crack Report (6) (1361kb) -
02. Supporting Information 06/01/2025 CCTV Report - May 23 (2033kb) -
02. Supporting Information 06/01/2025 Engineers Report (337kb) -
02. Supporting Information 06/01/2025 Arboricultural Appraisal Report (1941kb) -
02. Supporting Information 07/02/2025 Level/Crack Report (1418kb) -
02. Supporting Information 07/02/2025 CCTV Report - Nov 24 (1631kb) -
Decision
12. Decision Notice 11/02/2025 Decision Notice (153kb) -
Planning Application Documents
SITE PLAN - LIV-SN-23-006399.pdf 06/01/2025 Site Plan (36kb) -

Consultation Responses

Neighbour List


In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy. This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.


No associated neighbours

Consultee List


No associated consultees

Constraints List


Constraints List
Conservation Area 0 buffer: Malvern Wells Conservation Area
TPO REF: TPO/M/724 (2024). ADDRESS: 17 Oaklands Malvern WR14 4JE
SWDP 23: Malvern Hills National Landscape (Formerly Area of Outstanding Natural Beauty)
SWDP 6: Conservation Area
SWDP 2: Development Boundary
SWDP 5: Urban - Unsurveyed
Conservation Area 25m buffer: Malvern Wells Conservation Area
No associated appeals