GOVERNMENT OFFICE FOR THE NORTH WEST
Manchester Ml 4BE
Mr A L Smith
Tree Health Services
The Old Dairy
29 Woolton Street
Our reference: GONW/319/2/334
11 February 2004
TOWN AND COUNTRY PLANNING ACT 1990
THE CITY OF LIVERPOOL (AYMESTRY COURT SPECIAL SCHOOL -
ACREFIELD ROAD (25)) TREE PRESERVATION ORDER 1990
1. I am directed by the First Secretary of State to refer to your appeal, on behalf of Mr L Chryseliou, against the decision by Liverpool City Council to refuse consent for the felling of two pine trees on land between numbers 32 and 38 Hunts Cross Avenue, Liverpool. The trees are identified as being within the First Schedule to the above-named Order.
2. The Secretary of State has taken into account your representations together with the Council's observations and representations made by third parties. He has considered the reasons given in support of your appeal proposal and whether it is justified in the light of the tree's contribution to the amenity of the local area.
3. An arboriculturalist appointed by the Secretary of State visited the site on 7 January 2004. A copy of his report is appended to this letter. The Secretary of State accepts the visiting arboriculturalist's findings.
4. The Secretary of State agrees with the arboriculturalist that the appeal trees are extremely prominent in the locality with significant amenity value and that their removal would constitute a very noticeable loss.
5. The main reason which you give in support of your appeal is that the stability and safety of the trees has been compromised by the construction works being carried out in close proximity.
6. I should point out that it would not be appropriate for the Secretary of State to comment on the way the local authority and developer have handled this matter in the past, particularly with regard to the recommendations contained in British Standard 5837 - 'Trees in Relation to Construction', and compliance, or otherwise, of any related planning permission granted by the Council. Any unresolved issues in this regard are entirely matters between the parties concerned.
7. The Secretary of State agrees with the arboriculturalist that there has been considerable ground disturbance and root damage during the construction works carried out at the site which has compromised the long term stability and safety of the trees.
continued . . .