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Brentwood Borough Council

FOI 6224

Junction Road/Sanders Court Trees

Request

I am applying under the Freedom of Information Act for all information that the Council holds about the future of trees currently on properties in Junction Road which back on to Sanders Court, also in Junction Road, and for information that the Council holds on events leading to their anticipated removal.

I understand these trees are due for removal next month. I am applying for information about the need for, and granting or otherwise of, planning permission, the degree of consultation the council undertook about the trees' removal, the terms of any relevant Court Orders and any other information the Council believes relevant to the issue.

Response

Further to your request for information on the felling of trees in Junction Road.

The trees are subject to a Remedial Notice served on the occupiers of the properties on which the trees are growing (hereafter referred to as the occupiers). The notice states that the trees are to be reduced initially to 7.5m then not allowed to grow above 8.5m in height.

The notice was issued after an official complaint had been made by a resident of Saunders Court to the Council under Part Eight of the Anti-Social Behaviour Act 2003. The managing agents for the flats were aware of the complaint and were acting on behalf of the complainant.

Following issue of the notice the occupiers were consulted and both their comments and the issues raised by the complainant were taken into account when the Council determined remediation. A remediation notice was issued. The occupiers have subsequently appealed to the Planning inspectorate (Ref App/HH/12/1175; Ref App/12/1179; Ref App/HH/12/1184; Ref App/HH/12/1192) against the notice and until the appeal has been decided they are not required to carry out any works to the trees.

Under the Anti Social Behaviour Act the Council cannot require removal of trees. Additionally the trees are not covered by a Tree Preservation Order therefore there is not a need for permission to authorise their removal. The Council has verbally been made aware however that the owners are considering removing the trees but this is not within the provisions of the Council to control.