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School Lane Fressingfield Suffolk IP21 5RU

DC/25/05391Tree Preservation Order - Works RelatedRefused

Refused on 30 January 2026

Delegated (officer decision)1 reason for refusal

Approximate site (title boundary)
Boundary © HM Land Registry, © Ordnance Survey · details

This information is subject to Crown copyright and database rights 2026 and is reproduced with the permission of HM Land Registry. The polygons (including the associated geometry, namely x, y co-ordinates) are subject to Crown copyright and database rights 2026 Ordnance Survey AC0000851063. Conditions of use.

Proposal

Application for Works to Trees subject to Tree Preservation Order 452/T1- Removal of T001 Ash with clear amenity and ecological value, but it now stands in a compromised structural state within a newly built residential environment. The stem is substantially hollow, leaving an estimated 41% of original holding wood with a t/R ratio of around 0.23. The RPA has been disturbed by drainage installation (by others) and other works, with probable loss of a significant proportion of roots in one quadrant. The crown has been heavily raised, and new dwellings and gardens lie within fall distance.

Received
10 December 2025
Decision level
Delegated (officer decision)
Public comments
5
Ward
Fressingfield
Agent
RM Architectural Ltd t/a Roberts Molloy
  1. Received10 Dec
  2. Validated10 Dec
  3. Consult.31 Dec
  4. Target21 Jan
  5. Decided30 Jan

Decided in 51 days (council typically 49)

About this application

This is a tree application at School Lane Fressingfield Suffolk IP21 5RU. Babergh Mid Suffolk has handled 1,921 applications of this type. This one was decided in 51 days. There are no previous applications recorded at this address. In the past year there have been 54 applications across Fressingfield. We hold 673 applications in total for the IP21 postcode area.

99% of trees applications at Babergh District Council were approved. Across all application types, the council typically decides in about 7 weeks (median).

Based on decided applications received in the last 3 years.Planning something similar? See what gets approved on your street

Why it was refused

  1. The tree subject to the application is a large prominent specimen that has high amenity value contributing to both the aesthetic and ecological qualities of the area. It is also an important component of green infrastructure having been incorporated within recent residential development as a significant landscape feature. The proposed felling of the tree is based upon the grounds that it is hazardous. The application lists several factors to suggest this including internal hollowing, an assumption of significant root damage, the possible alteration of wind loading and proximity to residential dwellings currently under construction. Despite these concerns, it has not been sufficiently demonstrated that the tree's condition or position presents a substantiated or imminent hazard. This is based upon the following assessment -  Lack of credible arboricultural evidence: The t/R ratio system of assessment for internal hollowing cited in the accompanying report has frequently been questioned within the industry and is now commonly considered to be unreliable when making decisions about the likelihood of tree failure.  Absence of on site assessment: Although the claim of significant root damage being caused during recent construction activity cannot be discounted, it is theoretical and unsupported by adequate on site investigation. It should be noted that this concern was subject to planning control measures intended to prevent the likelihood of such harm being caused. Furthermore, there is no indication of soil cracking or root plate movement commonly associated with such an issue, particularly, as stated, the tree has recently withstood high winds. The distance of the excavation that has taken place is also likely to be sufficient to avoid structural roots necessary for tree stability.  Insufficient evidence of hazard: The altered wind loading and proximity to the dwellings under construction are noted but are unsubstantiated reasons that do not provide a compelling justification on their own to warrant felling the tree. In conclusion, the refusal is based on a lack of substantive evidence that the tree poses a genuine hazard. Although the issues raised are not discounted, the council consider that the justification for felling such a valuable tree is not proportionate or justified on account of the information provided. Reconsideration of the proposal remains open but would be subject to a further application and stronger supporting evidence. Right of Appeal: You have a right to appeal against the refusal of consent or on any conditions imposed. If you wish to do so you must contact The Planning Inspectorate within 28 days from the date of this decision notice. The Planning Inspectorate, Trees and Hedges, Room 3A Eagle Wing,Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN Guidance for appellants is available via this link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file /894809/TPO_Guide_for_Appellants_-_June_2020.pdf Compensation: If you suffer any loss or damage as a result of this refusal of Consent, you may be entitled to recover from the Council compensation. If you wish to make a claim you must do so within 12 months from the date of this decision (or, if you appeal to the Planning Inspectorate, within 12 months from the date of his decision). Claims should be made in writing to Chief Planning Officer, Babergh and Mid Suffolk District Councils, Endeavour House, 8 Russell Road, Ipswich IP1 2BX Babergh District Council Mid Suffolk District Council Endeavour House, 8 Russell Road, Ipswich IP1 2BX Endeavour House, 8 Russell Road, Ipswich IP1 2BX This relates to document reference: DC/25/05391

From the council's decision notice.

Application details

Postcode
IP21 5RU
Application type
Tree Preservation Order - Works Related
Scale / size
Small
Parish
Not Available

Planning application dates

Date validated
10 December 2025
Consultation expiry
31 December 2025
Consultation start
10 December 2025
Consultation end
31 December 2025
Last date for comments
23 January 2026
Target decision date
21 January 2026

Applicant and agent

Agent
RM Architectural Ltd t/a Roberts Molloy
Agent address
Homestead The Street Horham Eye IP21 5DX United Kingdom
Applicant company

Flame Homes LTD

Company number 12518624

Status
Active
Type
Private limited company
Incorporated
16 Mar 2020 (6 years old)
Nature of business
Construction of domestic buildings
Registered office
Yaxley
View on Companies House

Company information from Companies House.

Planning decision

Case officer
David Pizzey
Statutory period
42 days

Additional information

Planning Portal ID
PP-14553830
Documents
11
Constraints
2

Site constraints

Checking the site
2/3
Council recordsAppealsFlood risk

Designations that overlap or adjoin the site outline.

  • Flood zone 1: Low probability (rivers and sea)

Not published by this council, so not checked: Article 4 directions and tree preservation orders. Ask the council if these matter.

Also checked, none recorded (22)

flood storage areas, conservation areas, listed buildings, green belt, scheduled monuments, World Heritage Sites, World Heritage Site buffer zones, registered parks and gardens, registered battlefields, Heritage at Risk entries, nutrient neutrality catchments, national parks, National Landscapes, SSSIs, Special Areas of Conservation, Special Protection Areas, Ramsar sites, ancient woodland, national nature reserves, local nature reserves, heritage coasts and brownfield registers.

A guide only, from official open data; it is not a planning search. Flood zones cover rivers and sea, not surface water.

Data © Crown copyright and others · sources and licences

Contains public sector information from planning.data.gov.uk (MHCLG and local planning authorities), licensed under the Open Government Licence v3.0. © Crown copyright and database right 2026.

© Historic England 2026. Contains Ordnance Survey data © Crown copyright and database right 2026. The Historic England GIS Data contained in this material was obtained on 2026-11-03. The most publicly available up to date Historic England GIS Data can be obtained from HistoricEngland.org.uk.

© Natural England copyright. Contains Ordnance Survey data © Crown copyright and database right 2026.

© Environment Agency copyright and/or database right 2026. All rights reserved. Flood Map for Planning, Open Government Licence v3.0.

Contains Ordnance Survey data © Crown copyright and database right 2026.

Source: Office for National Statistics licensed under the Open Government Licence v.3.0. Contains OS data © Crown copyright and database right 2026.

Source: Babergh Mid Suffolk

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