Application Number M/25/00228/TPOA
Status Split Decision

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Planning Online Status


  • Application
    Valid
    18/02/2025
  • Consultation
    End
    N/A
  • Committee
    Meeting
    N/A
  • Decision

    Split
  • Decision
    Date
    16/04/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00228/TPOA
Location Address Kenswick Manor Kenswick Lower Broadheath
Proposal Undertake tree works, as detailed on application form and in any accompanying information.
Status Split
Application Type Tree Preservation Order Application (works to)
Appeal Decision N/A

Important Dates
Application Received Date 11/02/2025
Application Valid Date 18/02/2025
Consultation Start Date
Site Visited / Site Notice Date
Consultation End
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 16/04/2025

Further Information
Expected Decision Level Delegated
Case Officer Chris Lewis-Farley
Parish Kenswick CP
Ward Martley Ward
Applicant Mr Christopher Jones, KENSWICK LIMITED
Agent Mr Christopher Jones, WHITEBOX ARCHITECTURE + DESIGN
Agent Address 3 Kenswick Manor Kenswick Lower Broadheath Worcester WR2 6QB

Condition Details / Information Notes
The tree works hereby permitted shall be carried out in accordance with BS 3998:2010 (Tree Work). Reason: To attempt to avoid damage to the tree or neighbouring trees, property and services and encourage best practice in planning works and safe operations.
Have you thought of planting a tree in your garden? Trees provide many benefits that includes their aesthetic value (they look nice), they can help slow surface water runoff which in turn helps to reduce flooding, they support wildlife, they can increase property value, they absorb carbon dioxide (carbon sequestration), they can improve air quality and they can improve mental wellbeing.
Information and advice on appointing an appropriately qualified and experienced tree surgeon can be found on the Natural Environment pages of the Malvern Hills District Council website at the following address or alternatively contact the Landscape Officer 01684 862407. https://www.malvernhills.gov.uk/planning/heritage/the-natural-environment/choosing-a-tree-surgeon
The work must be carried out within two years from the date of this permission. Reason: As trees continue to grow, altering in shape and size, some works granted consent may become inappropriate and will require up to date assessment.
All wild bird species are legally protected under the Wildlife and Countryside Act 1981 (as amended) from any form of disturbance between the onset of nest building and until such time as any dependent young have left the nest, principally from the beginning of March to the end of August.
All species of bats and their roosts (whether the bats are present or not) are protected from reckless killing, disturbance or destruction under both national and European legislation. Cracks, cavities and holes in trees and buildings can provide suitable places for bats to rest or hibernate; these should be carefully inspected prior to carrying out any works. If bats are discovered during work on trees or are suspected of being present, the relevant work should be halted and Natural England (formerly English Nature) notified and further advice sought (http://www.naturalengland.org.uk/). For more information about bats and the law, please go to the Bat Conservation Trust website: http://www.bats.org.uk/ For information on surveying for bats in trees and woodland please have a look at the following guide: https://cdn.bats.org.uk/uploads/pdf/BSI-Bat-Microguide-UK-EN.pdf?v=1549304693
Have you thought of planting a tree in your garden? Trees provide many benefits that includes their aesthetic value (they look nice), they can help slow surface water runoff which in turn helps to reduce flooding, they support wildlife, they can increase property value, they absorb carbon dioxide (carbon sequestration), they can improve air quality and they can improve mental wellbeing.
Dead and decaying wood provides a nutrient-rich habitat for fungi, a nursery for beetle larvae and a larder for insectivorous birds and other animals. Deadwood comes in many forms, all of which has its part to play in arboricultural ecosystems. This includes fallen dead wood, standing dead wood, decaying stumps and roots, and rotting heartwood. Contrary to popular belief, retaining dead wood is not harmful to the host tree. Where possible, and where it would not compromise public safety, it is preferable if dead wood habitat is retained in the interests of wildlife.
The proposed works to T412 are not considered to have been adequately justified. The justification given is "To maintain health of tree and reduce risk of deadwood". It is not clear either how cutting the tree will maintain its health, or reduce the risk of dead wood. Pruning trees always causes some harm to them. Removal of branches can reduce dissipation of wind loads via mass damping, the flow of hormones and nutrients is disrupted and the removal of photosynthetic material (the leaves) can cause physiological stress as the tree has less capacity to create energy resources. Unnecessary tree works should be avoided to minimise the chances of detrimental impacts on the tree's vascular system, potentially leading to the ingress of harmful pathogens and decay, or the activation of latent pathogens or decay fungi
The proposed removal of tree T413 has not been adequately justified. In the submitted report it states "Tree leaning against adjacent wooden structure not previously recorded. Significant lean (15 degrees)". This statement has not been qualified. Not previously recorded by whom? It is not clear if this reference relates to the difference between the two survey dates detailed on the DJOGs report, or in the 2019 survey undertaken by Marlow Consulting. The fact that the tree's angle of growth or its proximity to a wooden structure, was not previously recorded does not demonstrate that the tree has moved in the ground. Indeed, there are no signs of any rootplate movement (humps in the ground, depressions in the ground, fibre bucking in root buttresses, taught roots).

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Decision
Planning Application Documents

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
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Enhance
TPO REF: TPO/M/430 (2008). ADDRESS: Kenswick Manor Kenswick Lower Broadheath
No associated appeals