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Dartford councillors approve controversial Ferndell Avenue tree protection order in Joyden's Wood

17:52, 26 March 2021

updated: 17:56, 26 March 2021

A controversial order to protect unkempt trees which residents say are a blight on their homes and deny them a 'right to light' has been approved.

Dartford councillors voted to approve a tree protection order for four mature chestnut trees in Ferndell Avenue, Joyden's Wood.

Residents say the trees have not been properly maintained in the past as shown in 2017. Photo: Google
Residents say the trees have not been properly maintained in the past as shown in 2017. Photo: Google

It comes despite objections from residents in Summerhouse Drive and other streets, who claim the branches overhanging their homes leave debris, cause structural damage and deny them a "right to light".

But councillors, who voted in favour of the order, say protection would actually allay concerns and ensure their "periodic maintenance".

At the meeting of Dartford council's development control board, councillors were informed of objections from neighbours.

One Ferndell Avenue resident described the current schedule for trimming back the trees as "very sporadic".

"I live in the side of the woods and I love the nature and the benefits that it bring," he said. "I'm not in anyway wishing to change the landscape at all.

"We would just like to seek re-assurance that the trees are regularly maintained and that they are trimmed to a level that doesn't impede on the levels of the light."

Residents have asked the council to trim the trees more consistently
Residents have asked the council to trim the trees more consistently

Sweet chestnuts can grow to heights exceeding 100ft and can live for up to 700 years.

An interim order was introduced for the protection of the trees in Ferndell Avenue after concerns were raised by Joyden's Wood Cllr Brian Garden (Con).

Some residents hit back at the order, claiming the trees had not been properly maintained over a considerable time period but the council said they had dealt with any concerns.

At the meeting officers said none of the objections were considered to "outweigh the benefit of preserving the trees for their amenity value".

It was also said there was no "hard evidence" the trees were the sole cause of leaning fences and cracks on homes.

Interim development manager Jane Lynch told members the order would not preclude future work from being carried out to the trees but it would only be permitted if a "sound evidence base" was put forward.

The chestnut trees in Ferndell Avenue are causing problems to Joyden's Wood residents
The chestnut trees in Ferndell Avenue are causing problems to Joyden's Wood residents

Councillors expressed concerns about the future maintenance of trees and requested that an "addendum" or "informative" be added requiring the landowner to carry out regular maintenance works.

But the council's legal officer advised an addendum would not be possible but that the parks department would listen to concerns.

Chairman of the meeting, Cllr Derek Hunnisett (Con) said approval of the order would not just recognise the value of the trees but improve maintenance for residents.

"The order would in my view further protect the trees and ensure that they are properly maintained," he said.

Without the order he added it would be left to the "arbitrary discretion" of the landowner, Dartford council.

Cllr Tom Maddison (Lab) agreed the order was "desperately needed" to protect the trees.

Cllr Derek Hunnisett (Con) said the order would protect the trees as well as ensuring proper maintenance to address resident's concerns
Cllr Derek Hunnisett (Con) said the order would protect the trees as well as ensuring proper maintenance to address resident's concerns

"The order would preserve the trees and that is desperately needed because we have already lost one," he said.

"It is a shame we can't add an informative I wonder if it could be looked at as I think that would be an ideal way forward to have a document to refer to."

But the Temple Hill councillor said it would be difficult to expect the council to clear debris, adding this could be something "the local scouts could have a bash at".

Swanscombe and Greenhithe Resident's Association Cllr Sue Butterfill pointed out similar orders were already in place in Ingress Park.

She told the meeting "goodwill would got a long way" in ensuring cooperation with residents.

Dartford councillors voted unanimously to approve the tree protection order.

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