Agenda item

By Councillor Osler - Tree Protection Measures East and West Princes Street Gardens

By Councillor Osler - Tree Protection Measures East and West Princes Street Gardens

Council:

1)         Notes that in October 2022 the Culture and Communities Committee agreed the report – “Terms and conditions for Operating Events in Parks: West Princes St Gardens and the Ross Bandstand” and that Appendix I to that report contained Tree and Root protection plan guidance (“Tree Protection Plan”).

2)         Notes that on 9th November 2022 the Development Management Sub Committee granted one year permission for the temporary change of use and siting of performance units, catering units and other associated moveable structures for Edinburgh’s Christmas Festival located in West Princes St Gardens.

3)         Notes a condition was attached to the granting of the application at 2. above which stated:

“No development on site may begin without written consent from Edinburgh Council Planning Authority. At least 3 days written notice shall be given to the Planning Authority of the date of commencement of the tree protection measures to be carried out. Following the completion of the tree protection measures and prior to development commencing on site the operator shall write to the Planning Authority confirming that the tree protection measures have been completed. No development shall commence on site unless and until an arboricultural specialist from the Council’s Parks and Greenspaces Section or a representative authorised by them, has inspected the completed tree protection measures and subsequently written confirmation has been received from the Planning Authority that the completed tree protection measures are acceptable.”

4)         Notes that on 9th November 2022 the Development Management Sub Committee granted one year permission for temporary use for a big wheel, associated rides/attractions, food, craft-concession stalls, public toilets, waste facilities, entrance features, boundary treatment, ancillary offices, stores and information signs in East Princes St Gardens.

5)         Notes a condition was attached to the granting of the application at 4. above which stated:

           Prior to the commencement of development, tree protection measures shall be agreed with the Council’s Parks and Greenspace team and shall be implemented prior to the installation of any structures within the vicinity of the trees. Confirmation of agreement shall be submitted to the Council as a Planning Authority.”

6)         Understands that a Tree Protection Plan for East Princes St Gardens with updated paths is in the process of being developed.

7)         Notes that the Tree in City Action Plan which sets out the Council’s approach to tree management is currently being refreshed.

8)         Agrees that each of: (i) the tree protection plan at 6. above, once completed, and (ii) the Tree in City Action Plan at 7. above, once refreshed, will be presented to the Culture and Communities Committee for approval within one cycle of such completion and refreshment.

9)         Agrees for a report within two cycles to the Culture and Communities Committee setting out:

            a)         For events covered by the applications at 2. and 4. above:

i)          what measures were put in place to ensure tree protection and recovery during and post the event, and

ii)         how compliance with such measures was monitored and enforced, including details of any non-compliance which was brought to the attention of the Council, and a timeline of this, and

b)         For future events in West Princes St Gardens and in East Princes St Gardens:

i)          what contractual and any other protections may be put in place to ensure those events comply with the applicable Tree Protection Plan and with the Tree in City Action Plan, and

ii)         processes by which compliance with the applicable Tree Protection Plan and the Tree in City Action Plan, effectively may be monitored and enforced, including consideration of how this might happen through the Council’s auditing processes.”