Application Number M/25/00342/TPOA
Status Split Decision

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Planning Online Status


  • Application
    Valid
    03/03/2025
  • Consultation
    End
    N/A
  • Committee
    Meeting
    N/A
  • Decision

    Split
  • Decision
    Date
    25/03/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00342/TPOA
Location Address Elgar Court Care Home 35 St Andrews Road Malvern WR14 3PS
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 03/03/2025
Application Valid Date 03/03/2025
Consultation Start Date
Site Visited / Site Notice Date
Consultation End
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 25/03/2025

Further Information
Expected Decision Level Delegated
Case Officer Chris Lewis-Farley
Parish Malvern CP
Ward Barnards Green Ward
Applicant Sarah Cadwallader, Barchester Healthcare
Agent Mr Adam Richards, VALLEY PROVINCIAL LIMITED
Agent Address CHALCRAFT NURSERIES SHIREHALL ROAD HAWLEY DARTFORD DA2 7SE

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.
The works must be carried out by a suitably qualified tree professional. Reason: to ensure, as far as is possible, that damage to the tree or neighbouring trees, property and associated services is avoided and to ensure, as far as is possible, the adherence to best practice in the planning and execution of the tree works and the use of safe operational procedures.
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.
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
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
While it is noted that the health of the lime tree T1 is relatively poor, the proposed pollarding would mean the removal of the entirety of the tree's remain photosynthetic capacity. If the tree's energy levels are low, as is anticipated, it will need every available bit of remaining photosynthetic potential, if it stands any chance of recovery. The proposed works would mean a significant reduction in the availability of carbon and other products from photosynthesis. It seems likely that the proposed pollarding would lead to the demise of the tree, rather than "encouraging regrowth", as is suggested in the submitted documents. The proposed works would therefore be considered to be to the detriment of the tree's overall health and are therefore not considered acceptable. For clarity, no permission is required for the removal of dead wood, and the improvement of the ground conditions around the tree is encouraged (such as decompaction).
Insufficient justification has been provided for the works to the lime tree T4. It is not agreed that the tree is structurally poor, as is suggested in the submitted documents. Pruning trees always causes some harm to them. Removal of branch tips can reduce dissipation of wind loads via mass damping, thereby increasing the risks of branch failure. Insufficient justification has been provided for the restriction of the tree's size. The site has adequate space to allow the development of the tree to its full potential. The proposed works would be to the detriment of the future public amenity value of the tree. The proposed works would be to the detriment of the natural shape, form, and flow of the tree's canopy, and therefore to public amenity. 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. This is particularly pertinent, bearing in mind the identification of Kretzschmaria deusta on a nearby tree. The proposed works would also mean a reduction in the tree's leaf area resulting in the reduced availability of carbon and other products from photosynthesis. The proposed works would therefore be considered to be to the detriment of the tree's overall health and are therefore not considered acceptable. There are no signs of recent live branch failures. There is also nothing to suggest that live portions of the tree are at risk of failure. The risk of branch failure is not considered justification for the works proposed.

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

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 2: Development Boundary
SWDP 5: Urban - Unsurveyed
SWDP53: Mixed Use Allocations
Neighbourhood Plan: NPA Boundaries
TPO REF: TPO/M/366 (2004). ADDRESS: S And T Buildings Qinetiq St Andrews Road Malvern
No associated appeals