'Woody Lane'

Tue 18 Mar 2014, 18:50

Thank you for the update Liz. Although I'm not sure there are any trees left in the area they've been working on. Do you think they'll re-plant some silver birches?

Tue 18 Mar 2014, 16:42

I was sent a copy of a letter from Builders Ede last week, in which they said that they had taken the advice of an ecologist prior to cutting the trees but confirming they have stopped any further work following the letter from the council in December. They claim they were unaware that they had cut any trees of more than 21/2 inches in diameter. The council has decided not to take legal action but has written to them to say that they did cut trees above the legal size, and has warned them that they will take legal action if any more are felled. I did request that action was taken as I am concerned that this might set a precedent, but the decision was taken by officers.

Tue 18 Mar 2014, 16:18

Is there any further news here re a reply from Builders Ede?

Wed 19 Feb 2014, 20:16

Thank you Liz.

Wed 19 Feb 2014, 08:48

A letter has been sent to Builders Ede by the council, drawing their attention to the unauthorised nature of the works, the options available to the Council to seek to remedy the position and seeking an explanation for their actions. The council is waiting to hear back from them. I will let you know if there are any further developments

Tue 18 Feb 2014, 19:09

Are there any updates to what's going on?

Tue 7 Jan 2014, 09:13

I got in touch with the West Oxfordshire cabinet member who has responsibility for landscape and planning. He has confirmed that he is on the case with officers, so it is being taken seriously by WODC. I hope to be able to report back with more information soon.

Sat 4 Jan 2014, 17:00

The stump in Anthony's photo number 9 looks very like field maple, but there was clearly a variety of species here, including (Chris J. thought on 28th November)silver birches. Well done Anthony for the measurements and photos, which also show the revolting state in which the owners allowed the contractors to leave the site.

Sat 4 Jan 2014, 13:01

You are right Andrew it does not matter which type of tree it was and wether it was self seeded or planted it is still covered. I am glad to report that Liz Leffman is on the case and chasing it up with Nick Dalby now
If anyone would like to see the photos which show the alleged damage they are available HERE https://www.dropbox.com/sh/f5wr0l8ayt5litd/OO-aEQsY-X
(obtained from a reliable source)

Thu 2 Jan 2014, 12:02

I am not sure they were silver birch, Andrea, I think either silver or field maple instead, though it is now impossible to tell, of course, unless the stumps start to sprout this spring.

What is beyond doubt is the fact that many of the trees cut down were way over the 75mm size limit for felling without permission being granted by the local authority tree officer.

Mon 30 Dec 2013, 20:28

I know there was some silver birches there

Mon 30 Dec 2013, 12:45

I am glad to see that we have the support of one of our District Councillors - thank you Liz.
As Nick Dalby says the owners have a perfect right to manage and maintain the trees but the WODC regulations on such work are quite clear are quite clear
'If you are planning to cut down or carry out work to a tree in a conservation area you are required by law to give us six weeks notice. This is so we can consider whether a Tree Preservation Order (TPO) should be made to protect the trees. It's a criminal offence to prune, fell or damage a tree in a conservation area without giving us notice. '
I have now obtained photos of the stumps and of the felled trunks and would estimate over 20 of them exceed the permitted width of 75mm. This is clearly an offence and I intend to write to WODC and send the photos to prove the point.
It would be useful if you could also give me any further information such as the type of trees felled which I could also include. Perhaps also tohave more signatures would help to convince them of the significant of the damage to the local environment as it has considerably altered the view being higher up on the sky line.

Sat 28 Dec 2013, 21:43

Thank you for your help. Maggie.

Sat 28 Dec 2013, 21:07

Woody lane which is the bridle path that goes up to woody lane house off the slade opposite dancers hill.

Sat 28 Dec 2013, 20:19

Sorry for being stupid, but there are people out there that don't know which area of Charlbury you are talking about. Or is that the point? Please could people let me know. :)

Sun 22 Dec 2013, 13:00

I will of course follow this up with Nick and the Enforcement Team. I agree that any contravention of laws regarding the clearance of woodland in a conservation area needs to be followed up and action taken or else the door is open for anyone to cut down any tree they want to. I have no idea why the land was cleared but I can assure you that were a planning application to materialise it would be subjected the same scrutiny as any other. The fact that houses have been built at Little Lees does not provide a precedent for additional housing and any application would be considered purely on its own merits.

In the meantime happy Christmas everyone

Sat 21 Dec 2013, 22:52

I also raised this matter as part of my general report to the Town Council this month which resulted in the Town Clerk also contacting Nick Dalby His reply echoes what was said by Mike Williams but it is here in full below
I think the main points are
1…

Long post - click to read full text

Fri 20 Dec 2013, 13:26

I have received a reply from Nick Dalby which I summarise here.

The case papers are with their Enforcement Team for review and a decision on appropriate next steps. Nick asks us to bear in mind that however unfortunate the land clearance was it was carried out lawfully, apart from the removal of the stems that were over a size which required prior notification. The Council will need to assess the degree of harm caused to the character of the Conservation Area by the removal of those particular stems only and not the clearance of the large volume of smaller trees and scrub, nor the potential future use of the land. It will also need to decide whether it would be in the public interest to seek to pursue legal proceedings in the circumstances.

I suggest people should speak directly to WODC if you think the public interest angle should be pursued.

For me, there are 2 separate issues here. 1) the vandalism to existing trees and 2) possible future use of the land.

As for 1), I would press for strong action against illegal tree clearance, on any occasion.
As for 2), Charlbury needs more housing, like most places. Off-Woody Lane would not seem a bad place to put some. But I'm not going to get into discussions on this while it's hypothetical. If permission is sought, I'll look at the factors in favour, and against, at that time.

Hope that helps.

Thu 19 Dec 2013, 23:16

Hi, I have just come on here to discover this discussion. As one who has walked her dog regularly around the adjoining fields, along with down Woody Lane, on occasions. Due to various reasons, I hadnt been in the area for a while. Imagine then my shock to suddenly look across and see nothing but the newly built houses. I am so gutted at the wanton destruction of the flora and fauna in the pursuit of monetary gain! I love Charlbury for the fact that it is surround by such beautiful countryside but slowly & surely it is being eaten away. We are seeing this sort of thing happen more and more often as Developers wantonly flaunt Environmental rules and regulations to meet the increasing need of an increasing population! It seems to be the norm to just go behind the backs of the Environmental & Planning Depts and take the consequences (if any) later (or slip someone in the Planning Dept a nice little 'bung' to look the other way)! We simply cannot allow this to happen, please count me in on any action that agreed on.

Wed 18 Dec 2013, 17:22

Would you like to ask him to request the contractors to remove those ugly piles of chippings (not to speak of the stumps)?

Tue 17 Dec 2013, 21:44

I'm still waiting, will check on progress tomorrow and pass on any news.

Tue 17 Dec 2013, 18:41

Whats the latest news on this now?

Tue 10 Dec 2013, 02:03

Nick Dalby is listed at www.westoxon.gov.uk/planning/DTA.cfm. Click on his name to take you to an email form. Phone number is also shown. I'm still waiting for a reply to my supplementary question.

Mon 9 Dec 2013, 16:31

Could we be given an email and contact name of the person to write to about this should we also wish to raise concerns?

Mon 9 Dec 2013, 12:42

I think that Mike and Peter have both eloquently summarised the thoughts of many on this thread. In my view it would be a shame to take it away from here, so let's keep it on here and polite: that way, more people will see it! (and I speak as one who has been banished previously to the Grease Pit!).

Wed 4 Dec 2013, 17:02

I too am in contact with Nick Dalby and have asked him if he can tell me what sanctions can be taken,and what sanctions are planned. I look forward to hearing.

In my opinion, if it can be proven that a developer has acted in deliberate disregard of the law, all the directors and anybody connected with them, in any business,should be automatically forbidden from ever developing that land. That would fix this sort of problem in an instant. But what do I know?

PS I'm tempted to venture to the grease pit for a stronger discussion on this. Any takers?

Wed 4 Dec 2013, 16:19

I have already asked Nick Dalby whether, in the circumstances, the landowner can be required to replant and I am awaiting a response.
If this is possible I believe it is important that environmental experts (e.g. from the Wychwood Project, The Woodland Trust and/or BBOWT) are involved to ensure that the replanting enhances the environment, ecology and habitats of the area which have been badly compromised. For example, we need a mix of indigenous species and not another conifer wood.

Wed 4 Dec 2013, 13:07 (last edited on Wed 4 Dec 2013, 13:12)

It seems fairly simple to me. It appears from the reaction of Nick Dalby of WODC that a number of trees have been felled illegally. It surely therefore falls to the owners of the land to replace these trees at their expense. It appears that someone or other has had complete contempt for the law, and I hope very much that this contempt is taken into account when considering any possible future planning permission for the site. I would also suggest that if a petition against any such planning proposal was instituted, it is something that I would gladly sign.

Tue 3 Dec 2013, 20:17

As I'm sure you are aware Dave, when the new houses, now built, were given permission it was as by allowing the field to be considered an "exception site", meaning that all the normal rules about where houses could be built were shelved in order to allow "affordable, low-cost houses" on the site.

We were also told that it would be impossible to build further in the field as it was not possible to expand on an exception site at a later stage. Perhaps I am being cynical, but it seems to me that if rules can be pushed aside for one reason they can later be bent for another reason.

I am very pleased to see the large number of comments coming from forum users who are not living directly adjacent to the field in question, as it does mean there are people not directly affected, as Dave Court and I both are, who feel that the ecology of the area is important, and it should not be covered in houses for which, in agreement with Dave, I am unsure if there is a real need, particularly in this vicinity with the road and other facilities as they are.

Tue 3 Dec 2013, 17:52

For your information we live in a house at the end of Lees Heights backing onto the field which is owned by Builders Ede When we first moved in in 1990 the field was just a field with no trees other than the trees that run along our fence line. In the early days the field was mown for grass but eventually was left to become overgrown
In general the builders seem to have just cut back the growth but this did include some small trees
The whole site is now very dangerous since they have left hundreds of small stumps and they haven't repaired the gap in the fence
As residents who have valued this field for over 20 years and we are very concerned that now the builder has been allowed to build the low cost house in little lees ( Which we still believe were totally unnecessary)this is the thin end of the wedge and we will personally object to any efforts to build on ths area

Mon 2 Dec 2013, 21:21

They cannot get free rein!! I still have had no response to my email to the owners (which I am not surprised at). Again today you could hear the wood chipper going. They cannot be allowed to build houses there or anything! They should be made to re-plant trees & shrubs. What about the wildlife!
Can we get an official group together to stop anything happening there? Get a petition going?

Mon 2 Dec 2013, 16:53

Nick Dalby e-mailed me this afternoon to say that he had visited the site, that WODC was making enquiries with the landowner and that no further felling should take place until the 'usual protocols' had been followed, although shredding of the cut material will continue.

It seems to me that, if the owners have achieved their objective in clearing a building-site before WODC could refuse them permission to do so, any penalty for doing so will be immaterial to them. Having got so far, they may well be given free rein to continue.

I sent a longish explanatory e-mail to Nick Dalby at the weekend, and a copy of it to the Town Clerk. I hope that Charlbury Town Council will give due consideration to the environmental implications of further building on that site, which would involve a new access road and more light pollution as well as an increase in the already heavy volume of traffic on The Slade and Sturt Road. (And, as someone pointed out to me, the school isn't getting any bigger either!)

Mon 2 Dec 2013, 16:44 (last edited on Mon 2 Dec 2013, 16:45)

Just to let everyone know that Nick Dalby has been to the site this afternoon. This is what he has sent to me in an e mail:

"Notice should have been given before cutting down trees with a diameter over 75mm. Some trees above this size have been removed. Most of the vegetation was scrub which did not fall within the scope of the regulations affecting trees in conservation areas and therefore could have been lawfully removed. The contractors have been advised not to carry out any further felling. We are waiting for contact from the landowner following messages confirming the status of the land and that no further felling should be done unless usual protocols are followed. Work is likely to continue at the site to chip the scrub material.

Details will be forwarded to our Enforcement team for onward case monitoring."

Mon 2 Dec 2013, 16:25

I have also left both a phone message and email with Nick Dalby (nick.dalby@westoxon.gov.uk) on this matter and am awaiting a reply. I will keep chasing this and post again when I receive a response.

Mon 2 Dec 2013, 16:18

Reply below from Roger Clarke. I'll do as he suggests and post the reply here.

• ******************************

Mike, yes I am aware of the discussion and have answered those who have written to me. The Town Council has not been made aware of the work or the reason why it is being done. Also it has not been consulted on any planning issue which has to happen since the TC is a statutory consultee, ( i.e development) I can only direct people to the tree officer at WODC, Nick Dalby who ought to know. Roger Clarke

Sat 30 Nov 2013, 17:13

I have sent the following email to the Town Clerk asking for further information about tree destruction off Woody Lane. I will post any reply that I receive here. But please do enlighten me, in the meantime, if you know where I can look to find out what is going on.

Thanks

Mike Williams

• *****************************************

Hi Roger,

I'm sure you must be aware of the discussion on the charlbury.info web site about trees that have been destroyed off Woody Lane (Lat 51.869576
Long -1.473474). Please can you let us know how we can find out what is going on and whether it is planned, or not?

Many thanks

etc

Thread from charlbury.info
forum.charlbury.info/thread/2359

Fri 29 Nov 2013, 12:37

I have contacted the people who put up the new houses after receiving an email to contact them as they own the land. Have had no response as yet. I totally agree with Brigid. And the fact that silver birch trees have gone too. Something needs to be done & quickly. There's one thing having a bit more sun light on the bridle path & another completely exposing the back of a new estate. I wonder what the people who live in Woody Lane house have got to say on this?

Fri 29 Nov 2013, 11:54

I have left messages with Nick Dolby, the WODC tree conservation officer (01993 861662), who promised last Monday that he would investigate this. I hope to hear from him next Monday when he is back from leave.

It does look worryingly as if the owner of the land, a builder, whom WODC apparently asked what he planned to do with the land, assumes he will get permission to add a new estate to the row of new houses facing Little Leys. All the vegetation that used to screen these has now been cut down. I hope we shall be able to put up some opposition to the increasing suburbanization of this once pleasantly semi-rural part of Charlbury.

Thu 28 Nov 2013, 14:59

Such a shame to see the 2 silver birchs now gone this week, they were so pretty this summer. I hope they do not plan to remove the pine trees, but as mentioned below they would have to seek permission being as its in the conservation area.

Sun 24 Nov 2013, 12:16

Like Andrea I've been anxious about this, but I notice that it's mainly scrubland, rather than trees, that has been cleared. There has also been a proliferation of 'No Trespassing' and 'Keep Out' notices, so it would be good to know what's going on, but I continue to walk there when the wood-chipper isn't in operation, and noticed a better view of the sunset yesterday than there had been when the area was overgrown.

Sun 24 Nov 2013, 11:14

Woody Lane is within the Conservation Area, which was created in 1974 and extended in about 1991. A map can be found on my.westoxon.gov.uk/mwo.aspx - then go to "Planning environment" and tick the "Conservation Areas" box. The map can be enlarged by using the up and down slider, even to show individual properties.

Sun 24 Nov 2013, 09:35

I don't know the Woody Lane area so don't know if it is inside or outside the conservation area boundary, can't find a map online.

Sun 24 Nov 2013, 09:19

Andrea, I would like to suggest that you call Roger Clarke, the Town Clerk, on Monday, to voice your concern. He may be able to take the matter further. He can be contacted on 01608 810608, or by email at charlburytc@btinternet.com

Sun 24 Nov 2013, 08:51

I think this requires further investigation as I am sure that the wood chipper will be in full use again in the week. There's about the size of a football pitch gone if not wider! This really concerns me.

Sat 23 Nov 2013, 19:24

And information for West Oxfordshire can be found at

www.westoxon.gov.uk/planning/treescon.cfm

Sat 23 Nov 2013, 19:07 (last edited on Sat 23 Nov 2013, 19:08)

Hmm, from Wyre local authority web pages but similar elsewhere

Trees in Conservation Areas

The Conservation Area designation automatically confers blanket protection to every
tree within its parameters. A tree in this instance is defined as anything with a stem diameter
above 75mm when measured at 1.5 metres.

This does not apply to hedges in Conservation Areas.

A person wishing to carry out work to a tree (as defined above) that falls in a Conservation
Area must send the local planning authority a notice of his or her intention to do so. This
is referred to as a Section 211 Notice, and its purpose is to allow the LPA six weeks in which
to evaluate the tree and respond, if necessary, with a TPO to prevent the work or control the extent of the work proposed.

Section 211 Notices can be issued in writing but it is recommended that you use the Planning Portal online application form. If you have issued the LPA with a Section 211 Notice you should not carry out tree work until either you have received confirmation of acceptance of the notice or the six-week period has elapsed.

Sat 23 Nov 2013, 18:43

I can tell you, as a member of the Town Council, that there is no new building being planned, let alone being built, up Woody Lane. It may be that the landowner is undertaking some tree management.

Sat 23 Nov 2013, 15:39

I've been hearing a wood chipper going for a while up Woody Lane, so decided to take a walk up there to see what was going on.
I was horrified to see such a large amount of wooded area had been cleared. Nothing seems to be stopping them from completely cleaing the small wood which has a variety of trees there.
Please someone tell me they will not be building more houses there? And what the hell happened to keeping our green area green as it were & not destroying it all to build houses?!
Now when you walk up the lane - all you can see is houses rather than natural surroundings. And wasn't that the area where we had the glow worms? I have not seen any planning permission to do with this at all.
So much for caring about our countryside! Not happy!!