Application Number M/25/01181/TPOA
Status Application Refused

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Planning Online Status


  • Application
    Valid
    29/08/2025
  • Consultation
    End
    N/A
  • Committee
    Meeting
    N/A
  • Decision

    Refusal
  • Decision
    Date
    15/09/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/01181/TPOA
Location Address Baynhall Farm Main Road Kempsey Worcester WR5 3PA
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 28/07/2025
Application Valid Date 29/08/2025
Consultation Start Date
Site Visited / Site Notice Date
Consultation End
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 15/09/2025

Further Information
Expected Decision Level Delegated
Case Officer Chris Lewis-Farley
Parish Kempsey CP
Ward Kempsey Ward
Applicant Mr Peter Lole
Agent Mr Peter Lole
Agent Address Baynhill Farm Main Road Kempsey WR5 3PA

Condition Details / Information Notes
No evidence has been provided demonstrating that the trees have been comprehensively and thoroughly assessed, and are in general unsafe/dangerous. While the proximity of two public rights of way is noted, no evidence has been provided demonstrating that the users of the paths might be at risk.
These trees are a very prominent feature in the landscape, and occupy a significant proportion of the views from the perspective of the public rights of way that criss cross the land, and from the neighbouring roads. The works proposed would represent a dramatic change in the landscape and would be massively to the detriment of these views and therefore to public amenity.
The proposed specification for works is a "one size fits all" specification. This is not considered to be acceptable. Each tree needs to be assessed on an individual basis, and, if works are demonstrated to be necessary, bespoke specifications for work detailed for each one.
Trees respond to the stresses and strains to which they are exposed, laying down sufficient wood to cope with the conditions that they are exposed to (axiom of uniform stress). There has been no changes to the circumstances in which these trees grow. Therefore, in general, there is no particular reason why they would fail. While it is noted that occasional trees have failed at some point in the past, it cannot be extrapolated from that fact that all the trees would fail. The reasons for past failures need to be investigated, an assessment of the trees undertaken on a case base case basis, and any works proposal based on the findings of that assessment.
In a previous application for works to these trees (effective removal) (M/24/00722/TPOA), it was stated on the application form that "we loose [sic] approximately 3/5 trees a year". However, this TPO was created in 2008 (16 years ago) and the TPO contains 204 poplars. If an average 4 poplars had been lost since the TPOs creation, this would represent a loss of 54 trees. Approximately one quarter of the total number of poplars covered by the TPO. There is no evidence on the ground that this number of trees has been lost over the lifetime of the TPO.
These are substantial trees. The trees are of significant value in terms of wildlife habitat. While it is acknowledged that replacement planting could be undertaken, it would be many decades, perhaps half a century, until the lost habitat would be replaced, if indeed the replacement trees ever became successfully established.
On the application form associated with a previous application for tree works effectively the same in nature (M/24/00722/TPOA), it was stated that the trees "shade most of the field which doesn't help with plant growth, and therefore impact our turf business". While it is appreciated that some shade will be cast by the trees at certain parts of the day on some parts of the neighbouring fields, bearing in mind the height of the trees (approximately 14 metres) and the size of the field, it would not be possible for the trees to cast shade across the majority of the field, as is being suggested. As far as plant growth is concerned, a site visit revealed no particular area where there was not healthy turf growth. While some shade might impact on the rate of turf establishment, the presence of the trees is not preventing turf production. This would therefore not be considered strong justification for the works proposed.

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 Document Type Date Description File Size Drawing/Rev Number
Decision
12. Decision Notice 15/09/2025 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 15: Designated Rural Areas
TPO REF: TPO/M/400 (2008). ADDRESS: Land At (Os 8576 4671) Kerswell Green
SWDP 32: Sand and Gravel
SWDP 22: Sites Of Regional Or Local Wildlife Importance
SWDP 5: Protect and Restore
Neighbourhood Plan: NPA Boundaries
Neighbourhood Plan: Green Infrastructure Network
No associated appeals