Application Number M/25/00629/TPOA
Status Application Refused

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Planning Online Status


  • Application
    Valid
    16/04/2025
  • Consultation
    End
    N/A
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    09/06/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00629/TPOA
Location Address 16 Sling Lane Malvern WR14 2TU
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 16/04/2025
Application Valid Date 16/04/2025
Consultation Start Date
Site Visited / Site Notice Date
Consultation End
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 09/06/2025

Further Information
Expected Decision Level Delegated
Case Officer Chris Lewis-Farley
Parish Malvern CP
Ward Great Malvern Ward
Applicant Mr Keith Boulton, KW Boulton Tree Care Specialists Ltd
Agent Mr Keith Boulton, KW Boulton Tree Care Specialists Ltd
Agent Address The Park Wyre Hill Wyre Piddle Pershore WR10 2HT

Condition Details / Information Notes
The proposed removal of the tree has not been adequately justified
Despite what is suggested in the report submitted in support of the application, there is no evidence of "numerous previous branch failures".
While the presence of decay fungi is noted. This in itself is not adequate justification for the tree's removal. Other than the investigation of the depth of a basal cavity, the report contains no indication of an investigation into the extent of decay present. However, sounding with a nylon mallet indicates that a significant proportion (approximately 80%) of the tree is not decayed. Thee presence of the fungi and the cavity is not considered to show that the tree is at the risk of whole tree failure.
The submitted report states that the tree has "poor root structure" yet does not qualify this opinion in any way. It is also not clear how this conclusion has been drawn. The report provides no evidence that the state of the tree's root structure has been investigated. No excavations. No use of root radar. No assessment of the quality of wood in the above ground root buttresses. This suggestion is therefore not considered to justify the removal of the tree.
The submitted report suggests that the canopy density is "sparse" "at 25% overall". It also states that there are "small, chlorotic leaves throughout". This opinion was however formed based on the use of Google Streets (the tree was viewed in winter only (Wednesday 22nd January 2025)). The Google Streets image was taken in May (2025) before the tree was in as full leaf as it might be. For clarity, the comment was made without having seen the tree in person at a point when the tree would be expected to be in full leaf. It was clear from a recent site visit that canopy coverage varied across the tree but was overall at approximately 60%. At least considerably more than the suggested 25%. Leaf colour was normal, as was leaf size.
The submitted report states that the tree has a "Large crown pretty much exposed to prevailing winds from SW". However, it is also stated in the report that "Crown was Reduced, and sizeable (30+cms diameter deadwood removed", i.e. the tree does not have a full sized canopy. The diameter of the tree's trunk and structural framework will have developed to support a tree considerably larger than it is at present i.e. the main structure of the tree is likely to be over-engineered for the forces acting upon it. The tree has stood alone for many years i.e., its surroundings have not recently changed to any significant degree. It is not exposed to greater wind loading than it has been in the past. It is therefore not clear why the wind loading on the tree would be considered justification for its removal.
Although there is scattered dead wood throughout the tree's crown, this is a natural part of the retrenchment process that can occur with trees of this age. It is not necessarily an indication of poor health and is not considered justification for the tree's removal. Dead wood can of course be removed without the need for a formal application to the council.
This tree is considered to be a veteran, yet there is no mention of this in the submitted information. Veteran trees (along with ancient trees) are considered "irreplaceable habitats". Their veteran features contribute to their exceptional biodiversity, cultural and heritage value. Veteran trees are a priority habitat in the Worcestershire Biodiversity Action Plan. This veteran tree should be attributed the value it is due and should not be removed unless demonstrated to be necessary. It has not
The tree is growing in a public location in a street with very few mature trees. The loss of the tree would be to the detriment of public amenity. Insufficient justification has been demonstrated for the work proposed to outweigh the substantial harm to the character and appearance of the area.

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 Document Type Date Description File Size Drawing/Rev Number
Application Documents
01. Application Form 16/04/2025 Applicationformredacted (263kb) -
02. Supporting Information 16/04/2025 Arb Report For 16 Sling Lane (2969kb) -
Application Plans
04. Site / Location Plan 16/04/2025 Oak Tree Location At 16 Sling Lane (1425kb) -
Decision
12. Decision Notice 09/06/2025 Decision Notice (152kb) -

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
Neighbourhood Plan: NPA Boundaries
TPO REF: TPO/M/283 (1997). ADDRESS: 16 Sling Lane Malvern WR14 2TU
No associated appeals