A Tree Preservation Order (TPO) will come into force at a site in Brecon – despite objections that it is not needed.
At a meeting of Bannau Brycheiniog National Park Authority’s (BBNPA) planning committee on Tuesday, May 19, members received a report on the TPO for land next to number 39 Beacons Park in Brecon.
The field maple and silver birch trees are in the front garden of the house.
Treescapes policy officer Kathy Jenkins explained that Rob Orton contacted BBNPA last September, saying that he was “worried” about the risk the trees posed to the house.
Ms Jenkins said: “He asked whether they were protected and how to apply to have them removed.”
Suggesting that he wanted to fell the trees at the outset of the correspondence with BBNPA was the reason why the TPO was made.
It had been deemed during a site visit that the trees should be protected, and a TPO was drafted and served on the site in December. In January, Mr Orton lodged a formal objection.
Mr Orton said: “We commissioned an independent arboriculture report that confirms that both trees are structurally sound and pose a low risk in terms of damaging our property.
“It concludes that no major works are required; only minor, non-essential maintenance is recommended.”
He added that the authority had reviewed the report and had no concerns at the level of work proposed.
Mr Orton said: “In that context we question whether the statutory test of expediency is met in this case.
“The justification presented appears to lie in the possibility of future ownership changes rather than any clear threat to the trees.”
He also questioned what evidence of the trees’ community value was being relied upon.
Mr Orton claimed that other trees in the estate had been “removed” without the same issues.
He said: “We are not proposing removal. We are not proposing harmful works.
“Our position is that a TPO is not necessary or proportionate in this instance.”
Ms Jenkins said that a TPO should not be seen as a problem, as maintenance work would be allowed, but an application would need to be made to the NPA.
Ms Jenkins said that the NPA was “not aware” that other trees on the estate had been felled.
“A TPO is the best way to guarantee the trees’ survival over the next 20 years,” said Ms Jenkins.
Cllr Ed Jones (Powys) said: “If this gentleman had just got a tree surgeon in to drop them and didn’t bring it to us, it wouldn’t be an issue.
“He’s tried to take the correct route, and this is almost a punishment for doing so.”
He pointed out that they were not old trees and did not have iconic status such as the Sycamore Gap tree.
Government-appointed independent member Professor John Hunt said: “We’re getting the perspective of the landowner, but not the view of the passing public.
“I wouldn’t be so dismissive as saying the amenity value is not the equivalent of the Sycamore Gap tree, because for some people walking past, they might engage with them through the seasons.”
Government-appointed independent member and committee chairman Steve Rayner said: “I can understand how a TPO can be viewed as something punitive, but it’s not a punishment, it’s a process.”
He said that if the committee went against officer recommendation, they would be “casting doubt” over the whole process of TPOs.
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Eventually, the committee went to a vote, which saw five members vote in favour of the TPO and three vote against it.


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