Decision details

The purpose of this report is to determine whether or not to implement the felling consent for an oak tree in Bretton.For the avoidance of doubt, the consent to fell already lawfully exists, and Cabinet is not being asked to redetermine such consent. Cabinet is simply being asked whether to implement the consent, or, if it determines not to implement the consent, indicate what alternative form of action is considered most appropriate. 

Cabinet considered the report and the recommendation of the Growth, Resources and Environment Scrutiny Committee and RESOLVED to:

1. Delegate authority to the Cabinet Member for Waste, Street Scene and the Environment to determine whether the consent to fell the tree at 9 Barnard Way, Bretton be implemented or not, subject to:

Cabinet needs to decide whether proceeding to fell the tree is the most appropriate course of action, when considering all options and taking account of all harm and costs of such options. 

The options are set out in the attached appendices, but in summary:? 

? 

1. to install root barriers – high risk of failure, despite considerable cost, and not under the control of the council to implement.? 

2. to prune the tree (and regularly prune thereafter) - not generally effective, unless extensive and frequent, negating the amenity value of the tree. Even with frequent pruning, risk remains. Relatively low cost, albeit ongoing annual (or so) costs.? 

3. to do nothing – not legally an available option. We are duty bound to abate the nuisance.? 

4.to accept liability and costs associated with underpinning properties affected. Effective, but very expensive, and not covered by insurance.? 

5. to fell the tree – effective at abating the nuisance, and low cost, though obviously the tree is lost in its entirety? 

None.

Report to Full Council 8 December 2021 – Petition for Debate ‘Save Bretton Oak Tree’