House siting fears realised in tree felling request

An inspector concluded that there was no alternative but to fell a protected oak tree which lay close to a recently erected dwelling in a Shropshire AONB, opining that it was an inevitable consequence of siting the building too close to its root system.

Three dwellings had been built in the grounds of a former property. The appeal building stood just over six metres from the base of the tree and well within its root protection area. No protection plan or method statement for building in such close proximity had been submitted and large amounts of soil had been placed on top of the root system reflecting the need excavate into the sloping ground to construct the dwelling and its drainage system.

The decline and eventual loss of the tree was inevitable, the inspector decided. Due to its close position it would also tend to dominate the building which would also impact on living conditions. In his opinion the permission for the dwelling did not have proper regard to the implications of constructing it so close to the tree which did make a positive contribution to the character of the area. This could only be mitigated by additional tree planting.

Inspector Brendan Lyons; Hearing

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