See notes
Shinfield Grange, Cutbush Lane, Shinfield, Reading RG2 9AF which is registered at the Land Registry. This title is affected by a Tree Protection Order (TPO) with reference 1909/2022 made by Wokingham District Council (the council) on 16 November 2022.
Requested information
1. Please provide us with evidence in relation to the unregistered land (at (a) above), of the steps that the Council have taken to ascertain who is a 'person interested' in this land and the steps that have been taken to bring the TPO to all of their attention.
Please find attached the Certificate of Service. The ‘person interested’ information came from Land Registry (LR) register BK382209 (no plan available on the LR), BK513693 (no plan or register available on the LR), BK520894 (no plan or register available on the LR) and BK278673. Also, pre-application 222087 and 222088 and the signed requisition, attached.
2. Please provide us with evidence in relation to the land within Title Number BK382209, of the notices of the TPO that have been served on the University of Reading and on any leasehold owners and occupiers of the land affected by the TPO.
Regarding the Title absolute of BK382209, please find attached the letter, requisition, notice and TPO as this is what I understand to be the ‘notices’.
3. Please provide us with evidence by way of a copy of the resolution or order form of authority, together with any supporting officer reports and communication submitted to the Director of Place and Growth, under which the TPO was authorised to be made and also for which Chris Hannington was given delegated authority to make the TPO.
This question is in two parts:
a) The following decision line taken from the minutes of the ‘TPO prioritisation and confirmation’ meeting that relates to the meeting’s decision to TPO. Decision line – ‘Expediency high for many trees, especially in houses app 222088. Amenity moderated from roads, high for ecology and rarity of trees, veterans! CH and KN area on all’.
For clarity, ‘CH’ refers to the Trees and Landscape Team Manager, and ‘KN’ refers to the Snr. Tree Officer.
b) Scheme of Delegation attached.
4. Please provide us with all evidence the Council holds of which trees are believed to be veteran and/or notable trees including the Woodland Trust's Ancient Tree Inventory.
Government standing advice on this topic recommends that the Council uses the Ancient Tree Inventory as a starting point when addressing this issue. It may be, however, that there are undiscovered ancient or veteran trees on site and these would have to be assessed individually, each case on its merits.
The Ancient Tree Index is in the public domain
5. Please provide us with the details justification which underlythe making of the TPO under each of the reasons 1-4.
Please see answers above, this appears to reiterate questions 1 to 4.
Reason 1: Wokingham Borough Council (WBC) made Tree Preservation Order (TPO)
1909/2022 on trees of all species in an area demarcation due to potential change of ownership and use of the land. WBC believes that these aspects could adversely affect the trees and so harm the amenity. The harm contributes to the expediency for a TPO.
Reason 2: Tree Preservation Order 1909/2022 can be used to ensure the existing trees are
protected. The trees are locally prominent as part of a sylvan backdrop and foreground along the public highway of Cutbush Lane and adjacent public footpaths. The TPO includes veteran and notable trees as recorded on the Woodland Trusts Ancient Tree Inventory which do and will contribute ecologically and visually to the Countryside location of this area. All the trees have existing and potential future cultural value as part of the location's green infrastructure and so contribute to the Council's climate change agenda.
Reason 3: There are specific public views of the trees variously from Cutbush Lane and Public Rights of Way SHINS and SHIN4
Reason 4: Serving this TPO will ensure that the trees are adequately considered and incorporated into any future planning proposals or changes of land use, including the 'South of the M4' Strategic Development Location of the WBC 2014 Development Plan. This TPO can also be used to ensure that only appropriate work is undertaken to the protected trees for the duration of the TPO, so that the trees can only be removed following written consent of the Borough Council. It will also enable the Council to ensure that appropriate replacement planting is undertaken when a protected tree is removed. In this way significant trees can be protected and retained to make a positive long-term contribution to mature tree cover in the area