When challenged at the presentation about the feasibility of this, the Tesco representatives said that they were negotiating with Bolton Council to utilise the first two metres of the Tree Plot (on the left) to make the access wider.
The trees on this plot have Tree Preservation Orders on them and although the trunks are more than two metres in from the kerb, it’s difficult to see how artics could avoid damaging the overhang.
Even with this two metre strip the whole width of the access would still only be thirty feet.
Could the TPO’s be removed?
To clarify this I sent in a FOI request to Bolton Council as follows
Dear Bolton Borough Council,
This is a request made under the Freedom of Information Act. As
usual, it is precisely worded.
It is to do with Tree Preservation Orders.
Where trees situated on land owned by Bolton Council are subject to
existing Tree Preservation Orders, what are the circumstances and
by what procedures and on whose authority can those Tree
Preservation Orders be rescinded.?
Where Tree Preservation Orders are made specifically in order to
ensure that there is no development of the land on which they are
situated, under what circumstances and by what procedures and on
whose authority can those TPO’s be rescinded and development be
allowed to proceed.?
If such land owned by Bolton Council upon which are situated are
trees covered by TPO’s should be disposed of by sale, under what
circumstances and by what procedures and on whose authority could
the TPO’s be rescinded.?
Yours faithfully,
Paul Richardson
The following reply was received:-
Dear Mr. Richardson,
Request for information under the Freedom of Information Act 2000
In response to your request for information we have contacted the relevant
department and Bolton Council are happy to supply the information below.
1.
Where trees situated on land owned by Bolton Council are subject to
existing Tree Preservation Orders, what are the circumstances and by what
procedures and on whose authority can those Tree Preservation Orders be
rescinded?
Response.
Once a tree is protected by an order confirmed by the Council (via the
Planning Committee) trees may only be removed as a result of the
submission and approval of an application to undertake such work. This
process is set down by the regulations in respect of trees covered by
TPO's. The decision on such applications would be taken by the Director of
Development and Regeneration under the powers conferred on him by the
scheme of delegation from the Council. Permission may also be granted via
an application to develop the land on which the trees stand but consent
would only apply to the trees that are required to be removed to allow
development to take place.
2.
Where Tree Preservation Orders are made specifically in order to ensure
that there is no development of the land on which they are situated, under
what circumstances and by what procedures and on whose authority can those
TPO’s be rescinded and development be allowed to proceed?
Response.
This process would normally result in a developer Appealing a decision and
under such circumstances the final decision as to weather development
proceeds would be taken by a Planning Inspector on behalf of the Secretary
of State.
3.
If such land owned by Bolton Council upon which are situated are trees
covered by TPO’s should be disposed of by sale, under what circumstances
and by what procedures and on whose authority could the TPO’s be
rescinded.?
Response.
The subsequent owner would be responsible for submitting an application to
develop the said site and the Council would decide whether to approve or
refuse the development. Approval to remove trees as part of an application
would be granted pursuant to a n approval of a detail/full application.
Should the Council refuse consent then the process would follow that set
down in the answer to the second query.
Note.
The Local Planning Authority are no longer required to get approval from
the Secretary of State to fell trees themselves that are protected and on
land they control.
Should you have any queries regarding this, please contact me.
Regards,
So the answer to my question is that if push came to shove they could probably be rescinded.
Width of the Access.
As I have said, even with the additional two metres the total width is only thirty feet.
The Tesco plan shows a footpath on either side. Let’s be generous and suggest that these are each four feet wide. That leaves 22 feet for the carriageway – 11 feet wide for going in and 11 feet wide for going out.
The maximum width of a refrigerated lorry is 2.6 metres or roughly 8 feet 6 inches.
So, once into Crossley St and going in a straight line, the truck would be say -1 foot six inches from the kerb (and the pedestrians).
But first it has to get into Crossley street.
The maximum permitted length of an artic is 50 feet 10 inches.
Now, I’m working on the geometry but, in the absence, of that I am informed by a person who has 30yrs experience in the transport industry that an artic going up Ainsworth from the junction and attempting to turn left into Crossley St would have to move over to the right hand side of the road in order to swing into the 11 foot wide ‘in’ carriageway.
People have commented that artics have entered Crossley St before when Pennine Pets was there but have taken more than one manoeuvre to achieve this.
The implications of such a manoevre with pedestrians on the footpaths and cars exiting the site on top of the normal Ainsworth Rd traffic are obvious.
Traffic Volume.
Ok, - so Tesco suggest that there would be only some 6 to 10 deliveries per day where the above problem could arise but then we have to look at the customer car traffic.
There are 175 car parking spaces on the plan.
Tesco don’t make money out of tarmac so presumably they expect at peak times up to 175 cars moving in and out of the site.
I have previously posted the Peak Time traffic survey results done by Wainhomes in 2006. These are as follows.
| Direction | AM | PM |
| Market left into Church | 634 | 477 |
| Market right into Ainsworth | 7 | 37 |
| Market straight on into Lever | 70 | 90 |
| Church right into Market | 359 | 644 |
| Church straight on into Ainsworth | 45 | 174 |
| Church left into Lever | 20 | 35 |
| Ainsworth straight on into Church | 131 | 51 |
| Ainsworth left into Market | 40 | 92 |
| Ainsworth right into Lever | 1 | 0 |
| Lever right into Church | 20 | 19 |
| Lever left into Ainsworth | 1 | 1 |
| Lever straight on into Market | 38 | 90 |
| Total traffic through the Junction | 1,366 | 1,710 |
You will notice that the traffic flow up and down Ainsworth is minimal with the exception of that from Church St straight on into Ainsworth at the PM peak time.
But now, with the access being from and into Ainsworth we are talking about adding up to 350 traffic movements to the figures.
The movements now have to have at least four additional categories.
1. Right out of Crossley into Ainsworth and to the Junction and subsequently left right or straight on.
2. Left out of Crossley into Ainsworth and out of the area via Victory etc
3. Out of the junction into Ainsworth and left into Crossley
4. From Victory etc into Ainsworth and right into Crossley.
All this has to be qualified by the fact that some journeys to the store will be stop-offs from existing traffic flow.
An allowance has also got to be made for the existing Tesco Metro traffic which comes through the Junction.
At this point my head starts to ache.
The main point about this is that in category 1 above it would only take seven or eight vehicles held up at the Junction to have traffic backing up into Crossley St and the car park.
More to follow. I’m now having a rest.
| Direction | AM | PM |
| Market left into Church | 634 | 477 |
| Market right into Ainsworth | 7 | 37 |
| Market straight on into Lever | 70 | 90 |
| Church right into Market | 359 | 644 |
| Church straight on into Ainsworth | 45 | 174 |
| Church left into Lever | 20 | 35 |
| Ainsworth straight on into Church | 131 | 51 |
| Ainsworth left into Market | 40 | 92 |
| Ainsworth right into Lever | 1 | 0 |
| Lever right into Church | 20 | 19 |
| Lever left into Ainsworth | 1 | 1 |
| Lever straight on into Market | 38 | 90 |
| Total traffic through the Junction | 1,366 | 1,710 |
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