Plans to fell 300-year-old oak tree in Whitwick have been thrown out after strong opposition to scheme

By Graham Hill

6th Sep 2024 | Local News

The oak tree can be seen from Brooks Lane in Whitwick, as taken in April. Photo: Google
The oak tree can be seen from Brooks Lane in Whitwick, as taken in April. Photo: Google

Plans to take down a protected 300-year-old oak tree in Whitwick have been rejected by North West Leicestershire District Council.

An application to remove what has been described as a 'veteran tree' and 'possibly the largest and oldest Oak tree in Whitwick' was met with strong opposition by residents and the Parish Council.

The application was submitted by a company associated with an insurance claim on a nearby property to the site regarding alleged subsidence to, affecting a conservatory.

An engineer's report said that: "Given the factual evidence, we conclude that the protected Oak tree (labelled T1) is the cause of the damage and we require its removal to arrest the current episode of subsidence."

Calls to remove its Tree Protection Order were met with a campaign to save it from being felled.

But a subsequent report ruled that the presence of the tree was not causing damage to the conservatory.

As a result, the plans were thrown out this week.

In May, Whitwick Parish Council met to discuss the application and said: "Members resolved to strongly recommend the application be refused."

It later contacted North West Leicestershire District Council to say that it would be 'environmental vandalism' to take it down.

The Parish Council added: "This tree is 300 years old and has another 600 years of potential positive impact on our environment.

"The conservatory is a temporary structure with an expected lifespan of approximately 20 years.

"This particular structure is over 15 years old; is showing 'slight' cracks and could be repaired or replaced for a relatively small amount.

"We also suggest that the conservatory should never have been built in such close proximity to the Oak as it was within the root radius of the tree. No mitigating measures were put in place when it was built to protect the foundations from root ingress.

"As a council, we have an ongoing tree-planting policy. We have planted more than 1,000 trees in the last two years and we would be remiss if we allowed such a valuable environmental asset to be lost."

NWLDC council officers supported the opposition - with 17 letters of objection received about the plans.

The planning report says: "The oak tree is a good specimen in good health and has a high amenity value within the local area.

"The Parish Council, Ward Member and the third party objections all refer to various justifications for retaining and continued protection of the Oak tree.

"The application has been received, not because there is a dispute with regard to the health of the tree, but purely in connection with the alleged damage that has occurred due to subsidence and moisture abstraction caused the proximity of the tree roots to an adjacent conservatory.

"The applicant has submitted various documentation to support the application.

"Independent Arboricultural Advice has been obtained on behalf of the council in connection with the application."

That advice stated: "There are a number of concerns with this case. Primarily, there are comments stating that the tree in question is largely responsible for the alleged damage to the conservatory.

"However, the evidence submitted is in direct conflict with this stance.

"I would recommend refusal of the application to remove the Oak tree identified as T1. Further monitoring by the applicant should be submitted. Also, clarification on the level of damage and cost of repairs in relation to the asset and biodiversity value of tree T1 should be provided."

In conclusion, the council officer's report said: "The Local Authority has considered the proposal to remove the oak tree which is protected for its amenity value.

"The works proposed are considered to be unnecessary and without sound arboricultural justification being demonstrated and a lack of proven technical evidence having been submitted with the application to substantiate that the tree is causing the damage to the adjacent property as alleged. The removal of the oak tree would be harmful to the character and appearance of the surrounding area and contrary to Paragraph 180 of the National Planning Policy Framework which states that decisions made should contribute to and enhance the natural environment."

County Councillor Craig Smith gave his support to the campaign, saying it was the last remnant of the fields that used to be there.

He posted on social media and said 'urgent action' was needed to stop it.

Whitwick-based Cllr Smith said: "I am backing the public campaign to object to a planning application to remove the Tree Protection Order (TPO) and fell the veteran Oak on Brooks Lane, Whitwick.

"It is the only piece of Whitwick Wake fields history left. Not only that, it's a perfectly healthy tree that's home to an abundance of wildlife including owls

"The loss of this historical tree would be devastating to the environment and local community."

Whitwick councillor Peter Moult said: "It shows what can be done when people feel this strongly about something."

     

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