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Writer's pictureTim Boatswain

Response to the petition to ‘Save the lime tree in Bricket Road, St Albans'


Email (18/03/2021) from Herts County Council


Good morning Tim,

Just to advise you that the following response to you petition’ Save the lime tree in Bricket Road, St Albans’ has been published on the County Council’s website:

E-Petition - Save the lime tree in Bricket Road, St Albans

Following receipt of E-petition regarding the above, supported by 725 valid signatories, a meeting was held between the petitioner (Prof. Tim Boatswain) and Hertfordshire County Council (HCC) i.e. Phil Bibby (Executive Member, Highways and Environment), Chris White (County Councillor, St Albans Central) and representatives of the County Council’s Highways Development Management Team, on Friday 13th March 2021.

The County Council recognises the contribution that street trees make in respect of health and beauty, and that the existing tree subject to the e-petition enjoys a prominent position at the junction of Victoria Street / Bricket Road but explained the basis upon which the tree had been assessed against the proposals for the Civic Centre Opportunity Site. The Highway Authority is a statutory consultee to the Local Planning Authority (LPA) and is required to make a recommendation on the basis of the matters presented before it within the agreed timescale. The proposal to remove the street tree was recognised as unfortunate, but that on application of current recognised standards (detailed within the Department for Transport document Manual for Streets, and HCC’s own ‘Roads in Hertfordshire’ Design Standard) interfered with the necessary visibility requirement for the proposed development and local road environment. The recommendation of the Highway Authority was not reckless or made in the interest of expediency, but responded fully to protecting the safety of users of the public highway and development in keeping with the County Council’s objectives of ensuring opportunity for all to enjoy healthy and safe lives.

It was clarified that the County Council, as Highway Authority, recognised this loss within its statutory response to St Albans and District Council (SADC) which, as Local Planning Authority, considered such matters within its determination at its Planning Referals Committee. It is the decision by SADC, in granting planning permission in this matter, that imposes the need for the Highway Authority to require that the access is laid out in a matter that shall not compromise Highway Safety. It is not the Highway Authority proposing to fell the tree through its normal maintenance responsibilities, rather a requirement that that the tree is removed to protect the safe operation of the proposed development access.

The applicant had failed within the Planning Application consultation to demonstrate through use of appropriately scaled plans, proposed mitigation, or a Stage 1 Road Safety Audit to national guidance, that retention of the tree was acceptable. The Highway Authority confirms that it was unable to present a recommendation for refusal to development proposals, solely on the loss of a single tree. The County Council places significant importance to the protection of the safety of all road users (pedestrians / vehicles) and, whilst it recognises that many areas of St Albans, and the County, represent a historical form of development, it is necessary to apply current standards to new development.

Agreement and confirmation was given to Petitioners that, if development proposals included engineering measures that enabled the standards to which the Highway Authority is required to apply be met, whilst retaining the tree, that such proposals would be looked upon favourably. The County Council is itself unable to require the scheme be changed, recognising that planning consent has been granted, however if the developer presents the Highway Authority via the LPA with an alternate scheme that is complementary to the agreed access strategy, such that visibility between vehicles at the access and those using Bricket Road is provided to the necessary standard, then this would be assessed and responded to. Should such details be agreeable, then the County Council as Highway Authority would support a variation to the consent in retaining the Lime Tree(s).

The petitioner agreed that they would encourage the developer (and their client) to consider such matters, and County Council Highway Officer contacts were provided at the meeting, to enable the developer to approach the Highway Authority with a scheme that overcomes the reasons underpinning the current requirement for the existing tree to be removed.


Email (19/03/2021) from Rev Cllr Robert Donald, Portfolio Holder Commercial, Development & Wellbeing

Dear Tim

Thank you for your email and for forwarding a copy of HCC’s notes of the meeting that was held last week with their officers about the issue of the possible felling of the Lime Tree in Bricket Road. I have sent this on to Tony Marmo as the Head of the Commercial and Development Department and either he or Jenny Stenzel will respond to you direct about this. I have already discussed with Tony how the design team can take forward the possible solution suggested in these HCC notes. Unfortunately we don’t think the simple idea we discussed of bringing forward the white lines on Bricket Road at the car park exit will suffice to satisfy the Herts Highways Development Management Team. We are thus going to pursue the original idea of bringing the pavement forward at this point. If HCC accept this solution we will apply to our Planning Department for a variation in the current approval. However just a warning! There may still be one or two hurdles along the way to jump, be these to do with the design, planning or HCC so don’t be totally surprised if we encounter at least one of these! Rest assured however I will continue to work to find an acceptable resolution to both sides and I remain hopeful of a positive final outcome. Many thanks. Very best wishes to everyone, Robert.

My reply (19/03/2021)

Dear Robert,

Thank you for your prompt and positive response to the outcome of the meeting with Herts County Council.

The Civic Society and many others will be grateful for your support in wishing to save the lime tree on Bricket Road.

I understand there may be some hurdles still to overcome but a successful outcome will establish a powerful precedent, confirm the Administration's commitment to taking action over climate change, to conservation and to creating a green St Albans.

I also recognise any solution is likely to require investment at a time when resources are hard pushed but I believe there is public support for saving this tree and there is a general will not just in St Albans but throughout the country to change the mindset of putting traffic and convenience before trees (for example, the action taken by the citizens of Sheffield to save their trees).

Please let us know if we can be of any help to you and your team in achieving this common purpose?


Best wishes,

Tim


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