23rd January 2013

by Francesca Evans

PLANS to build two houses on land known as Whistler’s Wood in Lyme Regis were met with strong opposition when they were put to town councillors for consideration.

A number of residents who live close to the woodland, hidden between Pound Street and Silver Street, attended last week’s meeting of the town council’s Planning and Highways Committee to speak against the application. Landowner Quentin Craven and architect Stuart Case also spoke on the plans.

Two previous applications have been submitted for the woodland, described as the town’s “green lung”. These included an application for three houses, which was later withdrawn in 2008; and a similar application to the current plans for two detatched, timber-framed houses in 2009, which was refused, appealed and refused on appeal.

Legal obligation

Speaking at last week’s meeting, Mr Case said that, while the current plans were similar to those of the previous application, what made them different was the trust that would be put in place to protect the long-term future of the trees.

He said this would “place a duty” and a “legal obligation” on the freeholders of the new houses to protect the trees.

Mr Case said the houses provided the facilities to protect the trees, adding: “In fact, to me, it is the houses that will protect the trees.” 

Mr Craven added that the new application addressed the appeal report from the previous application, which he described as a “very important document”. 

He said the appeal rejected objections made on the grounds that building houses would damage the trees and that they would have a significant affect on the surrounding area.

However, the report listed concerns about the long-term risk of loss of trees. Mr Craven said a “legally binding contract” would now ensure a trust was put in place to preserve the trees.

He added that the trust would include the freeholders of the new properties and others with interests and expertise in the woodland.

“There would be a significant weight for the conservation of the trees,” he added.

Neighbouring resident Ian Chivers, of Rose Hill, argued that there was not sufficient information in the planning application. It did not convey the real impact the building would have on the listed trees and neighbouring area, or the scale of the properties.

He described the proposed houses as “substantial properties” that would take up almost half the width of the wood.

Mr Chivers’ other objections included the removal of three major limbs of a “principal beech tree”, which he said would be required for construction, and how the trust would protect the trees.

“Once people have spent several thousands of pounds on their house, who in their right mind, when a tree is damaging their property, would say we can’t do anything about it?”

Mr Chivers said he had previously made susbstantial offers to buy the land and ensure it is maintained. He said he would also consider making a “significant” donation to a local organisation if it were to take on the woodland.

Professor Ghillean Prance, a neighbouring resident, botanist and ecologist, said: “I am a neighbour and somebody who has worked in botanical gardens in big cities for many years. Basically, green spaces in urban areas.

“The town needs green spaces to maintain its atmosphere and environment, and we are fortunate that this area has been left as a green area and I hope we can find some way to keep it.

“This is about much more than trees. I wouldn’t have a list of 41 species of birds spotted in my garden if this haven was not nearby.”

Professor Prance suggested the town council compulsory purchase the land and use it for “the common good”.

“What a great asset for our schools,” he added. “I’m sure we could find the funds to buy it. We have heard of one offer tonight.”

He also objected on historical grounds, saying that Lyme “made a lot of its historical characters”, another one of whom was former owner of the wood and next door property Little Place, Sir Laurence Whistler, the Queen’s official glass engraver. 

Professor Prance added: “As an environmentalist I can’t see how putting two buildings in this area can be called eco. We need eco-buildings but we have to think about where we put them.”

Sir Laurence Whistler’s daughter, Frances Whistler, also spoke against the plans at last week’s meeting. She was concerned that a trust would find it difficult to argue with the freeholders of the properties if they were unhappy with the trees encroaching on their properties or the amount of shade they created.

“We would see more trees planted close to houses if people liked the consequences of trees damaging their properties,” she added.

The current owner of Little Place, Hugh Dunford Wood, also objected. He said his close relationship to the owner of the woodland had meant he had refrained from commenting in the past but believed the larger of the two proposed houses was “outsized and uncomfortable in its limited space”. 

Limited space

He added that the applicant had “lost sight of simple and natural proportions” and the larger house would be “shoe-horned into a very limited space at the top of the wood”. 

“No one in their right mind would plant a tree so close to a house,” he said.

Mr Case argued that while everyone had said they were keen to protect the trees, no one in the town put together a scheme for their preservation after the previous application was rejected.

He added: “If it’s rejected again I imagine this community spirit will just melt away and the woodland will be left.”

He also said Mr Chivers did not offer to buy the land when the previous application was being considered.

Mr Chivers argued: “The reason I didn’t come forward last time is because I didn’t own Rose Hill then. I will sign whatever covenants you want for 99 or 999 years to say that it will never be built on.”

Councillors then discussed the plans, with concerns including the affect of building on the principal beech tree, affects on parking in Pound Street, and how water which currently flows from the land into Pound Street would be dealt with.

Planning and Highways Committee chairman, Anita Williams, said: “The site is small for what is being proposed. I don’t see how they can be called chalets. I would go as far as saying that’s misleading. 

“It will have an affect on neighbouring properties and I think the trees would be at risk. I share the concern that if the trees were seen to be damaging the properties the tree officer would struggle not to make them smaller.”

She added that the plans were “out of keeping” with the area.

“I grew up almost right opposite the woodland and we were never allowed in it,” Councillor Williams continued. 

“It was never open to the town which I think is a shame.” 

Councillor Williams said she would like to see the land opened up by a community group or trust.

She recommend refusal of the plans on grounds that they were detrimental to the neighbouring listed buildings and trees, particularly the beech tree, and the development was out of keeping, which was agreed.

The plans will now be considered by West Dorset District Council for a final decision.

PICTURE: WOODLAND LIVING – An artist’s sketch of how the two houses will sit in Whistler’s Wood

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