Residents appeal against tree protection order in Sylvia Crescent, Totton

RESIDENTS successfully overturned a preservation order on a tree in Totton after complaining it was nuisance.

The request to protect the mature oak in the rear garden of a home in Sylvia Crescent came from a member of the public who was concerned it would be felled following a sale of the property.

A tree preservation order (TPO) was made in June by New Forest District Council's executive head of planning, Claire Upton-Brown, who said it was necessary to allow others to "enjoy the amenity benefits of the tree".

But, the new owner of the site, Mr Curtis, objected on the grounds that the dominant tree caused shade over at least five other gardens and its falling acorns, leaves and branches were a nuisance.

He also outlined concerns that the roots could be causing damage.

He said it was "unfair" to place the tree under protection now when it had never been considered before, and he had bought the property on the understanding it did not have to be retained.

Six more neighbours objected to the TPO while two sent letters in favour, citing the tree's beauty and support for wildlife.

When the appeals panel, headed by Cllr Alan Alvey, met, it ruled the tree was oversized for its location.

The panel also noted the majority of residents who had come forward to provide opinions disputed the amenity value of the tree.