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Overgrown BW and planning issue needing resolution

Reported via desktop in the Public Rights of way category anonymously at 16:52, Monday 29 July 2024

Sent to Central Bedfordshire Council less than a minute later. FixMyStreet ref: 6290123.

I copy below, an email thread that I have had with Matthew Nash (the Senior Arboriculture Officer in the Highways Dept at CBC), regarding the Bridle Way running from Soulbury Road in Leighton Buzzard to Linslade Wood and in particular (a) the absence of any recent maintenance of the BW for which CBC is responsible and (b) the impact that a current planning application with CBC for housing on land abutting the BW (24/01897) will have on the BW and the need to establish who will have responsibility for maintaining and insuring any liability arising from the trees in the BW and on the adjacent land, should planning be approved. If the email thread is difficult to read, I will be happy to forward it to you if you provide an appropriate email address. Matthew felt that the issues I have raised would be best directed to yourselves; I have also copied Peter Vosper (the planning officer dealing with the planning application) into the email thread, although I not heard anything from him to date. The email thread is as follows: Hi It is so confusing, and more than you could imagine too… We often don’t know who does what, so we cannot expect residents to. Sorry I wasn’t clear before. Matt From: paul kilby <pkilby93@gmail.com> Sent: Thursday, July 25, 2024 10:54:19 AM To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Cc: Mandy Kilby <mandykilby57@gmail.com>; Margaret Andrews <margaretandboba@talktalk.net>; Peter Vosper <Peter.Vosper@centralbedfordshire.gov.uk> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road; planning application 24/01897. As it happens Matthew, I sort of assumed that as you had told us about the fact that the Council were now only responsible for maintaining the BW when you visited last year, that you were the man to ask about the maintenance programme, or at the very least would be able to liaise with the correct department to find out! Seemingly not, as it turns out, but I will now follow up with the ROW team……...now that I have worked out what a FMS Report is! Thank you. Paul

On 25 Jul 2024, at 08:32, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> wrote: Hi Paul The reason I did not address that is because I do not know! That is information the Rights of Way officer would have; the FMS report will get to that officer. Matt From: paul kilby <pkilby93@gmail.com> Date: Wednesday, 24 July 2024 at 18:39 To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Cc: Mandy Kilby <mandykilby57@gmail.com>, Margaret Andrews <margaretandboba@talktalk.net>, Peter Vosper <Peter.Vosper@centralbedfordshire.gov.uk> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road; planning application 24/01897.

CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new Thank you Matt. I will log the issue with the ROW team using the link you provided and will follow up on the TPO with the planning team. One thing you didn’t come back to me on is the current state of the BW and when the next maintenance visit is due. Perhaps you could get back to me on this asap. Many thanks Paul Sent from my iPad

On 24 Jul 2024, at 10:47, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> wrote:

 Hi Paul The Council will not take on responsibility for assets owned by third parties. This is an issue for our Rights of Way Team, if you log it here: https://fixmystreet.centralbedfordshire.gov.uk It will get to the right officer, and you’ll have an auditable trail of evidence related to it ensuring prompt responses. According to my system, that is correct, the tree does not have a TPO. If what I see did contradict the Planning Department, I would trust them as they manage the TPOs. My Highways colleagues and I have to apply to them for consent in the same way as residents. Matt From: paul kilby <pkilby93@gmail.com> Date: Tuesday, 23 July 2024 at 15:50 To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Cc: Mandy Kilby <mandykilby57@gmail.com>, Margaret Andrews <margaretandboba@talktalk.net>, Peter Vosper <Peter.Vosper@centralbedfordshire.gov.uk> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road; planning application 24/01897.

You don't often get email from pkilby93@gmail.com. Learn why this is important CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new Thank you Matt. It looks pretty clear from the Land Registry plan that that part of the BW which is not owned by 138 Soulbury Road (i.e. the section of the BW from the north eastern corner of 138’s land to Linslade Wood) is actually owned by Peabody Trust (along with the rest of the land which is subject to the planning application). We very much hope that responsibility for the trees in this part of the BW is clearly resolved as part of the planning process, especially as once any development is complete, I’m sure that the developers will be washing their hands of the site and the owners of the individual dwellings are very unlikely to want to assume any such responsibility. Is it likely that the Council will assume responsibility for what will be the ‘common land’ on the site post development? As regards the BW itself, I mentioned in my last email that maintenance of the BW for which CBC still has responsibility, does not appear to have been carried out for some considerable time and I attach a couple of photos taken today which gives an idea of its current condition. Could you advise when the next maintenance visit is scheduled please? Finally, a question if I may regarding the Oak tree directly behind 21 Milebush which I believe is identified as T10 in the planning application. I believe that this tree falls under the ownership of Peabody Trust and as far as I can tell from the planning application, CBC have confirmed that this tree is NOT subject to a Tree Preservation Order. Could you confirm that this is correct please, because once the planning application is decided upon, we will wish to approach the owners to arrange for the tree to be thinned out/pollarded and existing dead branches removed. Many thanks Paul <6e7b7669-177d-4729-863c-48cf58e72c48.jpeg> <3901d3a7-46dd-4289-ab95-2de257991505.jpeg>

On 23 Jul 2024, at 09:34, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> wrote: Hi Paul Very well written comments, I hope you get the desired outcome re Development. I am happy to confirm ownership of the trees by attaching the Land Registry. The BW runs on private land, as you stated below. The BW surface itself will still be managed by the ROW team, if there is a Development, that team will be involved with the legality of how it impacts the BW. Hope that helps. Regards, Matt Matthew Nash Senior Arboriculture Officer Highways Department Central Bedfordshire Council Thorn Turn Highways Depot, Grendall Lane, Houghton Regis, Bedfordshire, LU5 6GJ Direct Dial: 0300 300 6173| Internal: 76173 N.B. I do not work Mondays. Find us online at www.centralbedfordshire.gov.uk, Twitter, Facebook and Instagram ------------------------------------------------------------------------------------------------------------------------------------------------------ Central Bedfordshire - A great place to live and work ------------------------------------------------------------------------------------------------------------------------------------------------------ Information security classification* of this email: UNCLASSIFIED *Information security definitions: UNCLASSIFIED – Loss would cause little or no damage to the Authority OFFICIAL – Loss could cause some damage to the Authority OFFICIAL – SENSITIVE – Loss could cause severe damage to the Authority From: paul kilby <pkilby93@gmail.com> Date: Wednesday, 17 July 2024 at 13:07 To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Cc: Mandy Kilby <mandykilby57@gmail.com>, Margaret <margaretandboba@talktalk.net> Subject: Fwd: Bridleway53. Leading to Linslade Woods from Soulebury Road

You don't often get email from pkilby93@gmail.com. Learn why this is important CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new Dear Matthew, I’m sure that you will recall the email thread below regarding the care and maintenance of the trees in the above Bridle Path to the rear of our properties in Milebush, Leighton Buzzard, together with the visit you made to the site in September last year. You will also recall you advised that the Council had determined that any future maintenance/care/thinning out of the trees was no longer the Council’s responsibility and such responsibility rests with the owner of the bridle path land in which the trees are located. Finally, you will also recall that such ownership of the Bridle Path was split between the owners of 138 Soulbury Road up to the northern edge of their land and from that point to where the path joins Linslade Wood, ownership is believed to rest with the owners of the adjacent paddock land. We would point out that during your visit last September, you did agree that the Council does have an ongoing responsibility to keep the bridle path clear and open to an agreed width, but to the best of our knowledge this has not been done since and the path is becoming extremely overgrown. We have now been advised that Peabody Trust have made a planning application for 54 dwellings on that paddock land (under reference CBC 24/01897) and comments on the application are invited by 26th July 2024. We assume that Peabody are either the owners of the land or have an agreement with the current owners (whoever they may be) to acquire the land, subject to obtaining planning consent. We have submitted comments on the application and a copy of what we have said is set out below and you will see from these comments that our point in emailing you is that we consider this to be a perfect opportunity to make it clear who has ownership of this part of the bridle path and of the trees located therein and who will be responsible for the care and maintenance of both these trees and those on the ‘application land’ itself going forward. We have written to you to ensure that our concerns in this respect are properly considered and that the opportunity to resolve this matter going forward is grasped appropriately. Please liaise with your planning colleagues and keep us advised of developments. Kind regards Paul & Mandy Kilby 19 Milebush, Leighton Buzzard 07504 442297 Whilst our clear preference would be that there is no development on this piece of land, we acknowledge that in the current climate some form of development is likely to be taking place and generally speaking, we feel that Peabody have tried to come up with a fairly sensitive scheme. However, we do consider that blocks of flats in this location are totally inappropriate (there are no other blocks in this part of town that we are aware of), although we do acknowledge that Peabody have restricted the height to a maximum of two storeys, thereby limiting the visual impact. Being one of the three houses (bungalows) in Milebush that will be most affected by the scheme, we are reassured by the fact that the east facing elevations of the units will have no windows and therefore no obvious ability to overlook our property. However, we would point out that one of the Elevation Drawings (LU7201-ASL-H2A-ZZ-DR-A-0110), which covers units 31-36 (the units nearest to our property) has, I think, been labelled incorrectly, with the East and West Elevations being wrong and should refer to North and South and vice versa. PLEASE CONFIRM THAT I HAVE INTERPRETED THIS CORRECTLY. Whilst mentioning units 31-36, one other point that I feel is of particular interest to our property is that the these units have been designated as being plots available for Self Build or Custom Housing. As I understand it, CBC require a minimum number of plots to be so designated as SBCH in each planning application presented to them and although Peabody have done this, they have also said that should they get agreement to make the entire 54 units ‘Affordable Housing’, the SBCH issue becomes irrelevant. My concern is that, should Peabody not get agreement to 100% Affordable Housing and the SBCH goes ahead, what does this actually mean? WOULD THE PARTIES CONCERNED BE ABLE TO CHANGE THE SPEC OF THE UNITS IN A WAY THAT MIGHT IMPACT ON OUR PROPERTY, OR DO THEY HAVE TO BUILD IN ACCORDANCE WITH THE EXISTING PLANNING APPLICATION; PLEASE ADVISE. We are pleased to see that the bridle path will be unaffected, although it appears as though there will be a couple of access footpaths joining the bridle path from the site; whether the site will remain fenced off from the bridle path or not (other than at the access points) is unclear to us, but if so we consider it imperative to make it clear whose responsibility it will be to maintain such fencing; during the course of Peabody's involvement with the site the existing fencing alongside the bridle path had lain collapsed for a lengthy period of time. Although this has now been corrected, we wouldn't want this to happen again, without knowing who to contact to deal with any issue. On a similar theme of responsibility, I think this would be a good opportunity to determine who has ownership of this part of the bridle path (and the trees within it), i.e. from the north eastern edge of the application site up to Linslade Wood (i.e. that part of the path which isn’t owned by 138 Soulbury Road). There are a number of trees in the bridle path that until a year or so ago, the Council had been historically maintaining and pollarding/pruning. However, this stance has now changed and the Council decided that responsibility for the trees rested with the relevant landowner, i.e. 138 Soulbury Road for the first part of the path and presumably, the owners of the land which is the subject of this planning application for that part of the path from the north eastern edge of the application site up to Linslade Wood. Since the Council have denied ownership of the path and responsibility for the trees, WE CONSIDER IT EXTREMELY IMPORTANT THAT THE QUESTION OF ONGOING RESPONSIBILITY FOR THIS PART OF THE PATH AND THE TREES, TOGETHER WITH THE TREES ON THE EASTERN EDGE OF THE APPLICATION SITE IS MADE ABSOLUTELY CLEAR GOING FORWARD. WE WOULD NOT WISH THIS TO BECOME A PROBLEM IN THE FUTURE, ESPECIALLY AS WE HAVE EXPERIENCED DAMAGE CAUSED BY SIZEABLE FALLING BRANCHES IN THE PAST. On a more negative note, we are somewhat concerned about the access road on to Leighton Road (which looks to be pretty much at the top of the hill as cars approach from the bypass) and, in particular, the proposed pedestrian crossing. Whilst we see the pedestrian crossing as a good idea, despite the speed limits in force on this stretch of road, vehicles coming up from the bypass often drive at excessive speed, only slowed down (hopefully) by the mini roundabout at the junction of Soulbury Road and Derwent Road and we are concerned that there could be the potential for serious accidents. We feel that pelican traffic lights would be quite important on the pedestrian crossing to mitigate this risk. Finally, there remains the concern that has been raised numerous times about development on this site in the past (which concerns remain wholly valid) and that is the potential impact of the development on Linslade Wood itself. The wood is such an important amenity area for the town as well as a crucial habitat for flora, fauna and wildlife. Although we note that Peabody's scheme makes certain proposals to address the impact on the wood, we are concerned that these are insufficient, although defer to parties who have much greater knowledge of Linslade Wood (such as the Friends oof Linslade Wood) to offer their comments on this aspect. All we would say, is that we would expect CBC to ensure that the future of this important environment is properly protected. Begin forwarded message: From: Mandy Kilby <mandykilby57@gmail.com> Subject: Fwd: Bridleway53. Leading to Linslade Woods from Soulebury Road Date: 16 July 2024 at 18:56:42 BST To: ICE Paul - Husband <pkilby93@gmail.com>

Sent from my iPhone

Begin forwarded message:

From: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Date: 6 September 2023 at 10:27:43 BST To: Mandy Kilby <mandykilby57@gmail.com> Subject: Bridleway53. Leading to Linslade Woods from Soulebury Road

 No problem. See you soon, Matthew From: Mandy Kilby <mandykilby57@gmail.com> Sent: Wednesday, September 6, 2023 10:15:58 AM To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new I’m really sorry, can we please keep it to 11. We have now made arrangements for later this morning . Thank you see you soon. Mandy

Sent from my iPhone

On 6 Sep 2023, at 10:13, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> wrote:

 Hi If you can’t rearrange, I’ll still be there as promised at 11. Matt From: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Sent: Wednesday, September 6, 2023 10:05:45 AM To: Mandy Kilby <mandykilby57@gmail.com> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road Hi Mandy I am so sorry, can we move our meeting to 12:30 today please. Matt From: Mandy Kilby <mandykilby57@gmail.com> Date: Tuesday, 5 September 2023 at 12:35 To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road

CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new Great, thank you. Regards Mandy

Sent from my iPhone

On 5 Sep 2023, at 12:30, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> wrote:

 Hi 11am is perfect, see you then and there. Regards, Matt Matthew Nash Tree Officer Highways Department - Area 2 Central Bedfordshire Council Thorn Turn Highways Depot, Grendall Lane, Houghton Regis, Bedfordshire, LU5 6GJ Direct Dial: 0300 300 6173| Internal: 76173 Email: matthew.nash@centralbedfordshire.gov.uk Find us online at www.centralbedfordshire.gov.uk, Twitter, Facebook and Instagram ------------------------------------------------------------------------------------------------------------------------------------------------------ Central Bedfordshire - A great place to live and work ------------------------------------------------------------------------------------------------------------------------------------------------------ Information security classification* of this email: UNCLASSIFIED *Information security definitions: UNCLASSIFIED – Loss would cause little or no damage to the Authority OFFICIAL – Loss could cause some damage to the Authority OFFICIAL – SENSITIVE – Loss could cause severe damage to the Authority From: Mandy Kilby <mandykilby57@gmail.com> Date: Tuesday, 5 September 2023 at 12:28 To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road

CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new Hi Matt Yes, that would be fine for tomorrow. We will only be home until 1pm, is it possible for you to give us a more specific time, maybe nearer 11am? There isn’t any adjacent parking to the entrance to the bridlepath from Soulbury Rd, but if you would like to park outside 19 or 21 Milebush Margaret and Bob Andrews (No 21) are happy for us to all go out through their back gate into the pathway. Regards Mandy

On 5 Sep 2023, at 10:13, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> wrote: Hi Mandy Can we meet on site, and speak about this in person rather than going back and forth misunderstanding each other. Would tomorrow, anytime between 11-14, be okay? Regards, Matt Matthew Nash Tree Officer Highways Department - Area 2 Central Bedfordshire Council Thorn Turn Highways Depot, Grendall Lane, Houghton Regis, Bedfordshire, LU5 6GJ Direct Dial: 0300 300 6173| Internal: 76173 Email: matthew.nash@centralbedfordshire.gov.uk Find us online at www.centralbedfordshire.gov.uk, Twitter, Facebook and Instagram ------------------------------------------------------------------------------------------------------------------------------------------------------ Central Bedfordshire - A great place to live and work ------------------------------------------------------------------------------------------------------------------------------------------------------ Information security classification* of this email: UNCLASSIFIED *Information security definitions: UNCLASSIFIED – Loss would cause little or no damage to the Authority OFFICIAL – Loss could cause some damage to the Authority OFFICIAL – SENSITIVE – Loss could cause severe damage to the Authority From: Mandy Kilby <mandykilby57@gmail.com> Date: Monday, 4 September 2023 at 16:09 To: Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Subject: Re: Bridleway53. Leading to Linslade Woods from Soulebury Road

You don't often get email from mandykilby57@gmail.com. Learn why this is important CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new Dear Mr Nash, I am replying to your email of 22nd August, which I have to say was both unhelpful and in my opinion (and that of a number of neighbours that I have shared it with) unnecessarily patronising in its tone. Whilst I fully appreciate that you have a duty to ensure that taxpayer money is spent wisely, we are, of course, some of those very taxpayers and I feel that we are entitled to something a little better than the somewhat dismissive approach you have adopted thus far. We wish to clarify a number of issues as follows: 1) You will find if you check, that the 400 year old Oak tree that you refer to is actually number 1900 and is behind Mr & Mrs Andrews garden (21 Milebush). The trees I am referring to behind my garden,(19 Milebush) are actually Ash trees and are numbered 1901 and 1902. 2) I have spoken to the very friendly and helpful family at 134 Soulbury Rd. They were very surprised that you say they own the trees in Bridlepath 53. They are aware they own the bridlepath, but not the trees. Since they have lived there, the vegetation and trees have been maintained by the Council. Why has this changed and surely if any change in the long-standing and established policy of maintaining both the trees and the vegetation is warranted, then not only the owners of 134 Soulbury, but also all properties in Milebush bordering the bridle path, should have been informed of this change of policy? 3) Having said this, we find it very difficult to understand how this change in policy has been justified. Our nextdoor neighbours at 21 have lived here for 30 years and their neighbours at 23 for 43 years . In all of that time the Bridlepath trees and vegetation have been maintained by very helpful people at the Council. This has included, the Council taking responsibility over the years to pay for repairs to walls and fences due to damage caused by falling branches from the trees on various different occasions. How can this sudden change be justified? 4) You mention that this bridle path was part of a ‘digital’ survey’ undertaken by the Council; I am not quite sure what such a survey means, but I suspect that it has not involved a physical inspection of the bridle path and trees themselves. If a physical survey had been undertaken, it would be very clear that the trees are in the bridle path itself and part of the area that the Council has clearly maintained for many years. How can the Council now wash its hands of this responsibility? As I said earlier, I totally understand the Council’s wish to use taxpayer money appropriately, but what would happen if a user of the bridle path happened to be injured (or worse) by a falling branch from one of the trees? Who would take responsibility for this? 4) Am I correct in assuming that all of these trees have Tree Preservation Orders on them? If so, then surely any work on the trees of any sort would require approval by the Council in any event, further endorsing the responsibilty that the Council has taken for these trees over the years. I very much look forward to a more considered response to what I consider to be both very reasonable and also very important concerns that I have raised., Regards Paul & Mandy Kilby Sent from my iPhone

On 22 Aug 2023, at 15:36, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> wrote:

 Hi Mr and Mrs Kilby In last year or two the Highways tree team have digitally surveyed the County, aiming to not spend taxpayer money on trees that are owned by private residents/Developers. Those trees are owned by 134 Soulbury Road, and have not been adopted by the Council. Francine will put it more comprehensively, but CBC are only responsible for vegetation growing directly out of the agreed width of a Right of Way, and not trees that border a ROW, such as these. Regardless of what happened in the past, we will not be conducting works, or are responsible for maintaining the safety of this tree beyond that of users of the ROW. Even if we were responsible, I would not be conducting works to alleviate the issues raised in your email: seasonal nuisance, loss of light, branches growing over a boundary. You are welcome to speak to the owner of the trees, but they have no legal obligation to do any works. Landowners are able to prune any branches up to their property boundary, provided this is accomplished by a competent operative, adhering to BS 3998, and the arisings are disposed of responsibly (after offering them to the owner, as the branches are their property). On a wider note, the tree in question is a, roughly, 400 year oak tree – something that needs more protection than ever. The benefiting hundreds of species, sequestering carbon, and providing unquantifiable amenity value; benefits that will be manifesting long after I am dead, let alone in this job. Regards, Matt Matthew Nash Tree Officer Highways Department - Area 2 Central Bedfordshire Council Thorn Turn Highways Depot, Grendall Lane, Houghton Regis, Bedfordshire, LU5 6GJ Direct Dial: 0300 300 6173| Internal: 76173 Email: matthew.nash@centralbedfordshire.gov.uk Find us online at www.centralbedfordshire.gov.uk, Twitter, Facebook and Instagram ------------------------------------------------------------------------------------------------------------------------------------------------------ Central Bedfordshire - A great place to live and work ------------------------------------------------------------------------------------------------------------------------------------------------------ Information security classification* of this email: UNCLASSIFIED *Information security definitions: UNCLASSIFIED – Loss would cause little or no damage to the Authority OFFICIAL – Loss could cause some damage to the Authority OFFICIAL – SENSITIVE – Loss could cause severe damage to the Authority From: Francine Rainbow <Francine.Rainbow@centralbedfordshire.gov.uk> Date: Monday, 21 August 2023 at 11:10 To: Mandy Kilby <mandykilby57@gmail.com>, Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Subject: RE: Bridleway53. Leading to Linslade Woods from Soulebury Road

Good Morning Mr and Mrs Kilby Please accept my apologies for our lack of response, we have both been on leave. I have asked Matt if he would assess the tree, once he has done this we will make a decision on any work that may be needed and get back to you. Kind regards Francine Rainbow Rights of Way Officer (South 2) Central Bedfordshire Council, Priory House, Monks Walk, Chicksands, SHEFFORD, SG17 5TQ. Direct Dial: 0300 300 4068 Mobile: 07554 111589 Email: francine.rainbow@centralbedfordshire.gov.uk From: Mandy Kilby <mandykilby57@gmail.com> Sent: Monday, August 21, 2023 8:09 AM To: Francine Rainbow <Francine.Rainbow@centralbedfordshire.gov.uk>; Matthew Nash <Matthew.Nash@centralbedfordshire.gov.uk> Subject: Bridleway53. Leading to Linslade Woods from Soulebury Road Some people who received this message don't often get email from mandykilby57@gmail.com. Learn why this is important CAUTION: This email originated outside the Central Bedfordshire Council network. Do NOT click on links, open attachments or respond unless you are sure that the email is legitimate. If you believe this to be a spam email, report it to the Service Desk at https://centralbedfordshire.samanage.com/ catalog_items/ 1053685-report-received-email/ service_requests/ new Dear Francine and Matt, I sent the email below nearly a month ago, please can you kindly confirm that you have received it and it is to the correct department. If not I would be really grateful if you could let me have the email address to whom I should be contacting regarding this matter. I look forward to hearingfrom you. Regards Mandy & Paul Kilby 19 Milebush, LU7 2UB Dear Francine and Matt I was in contact with a lady called Michelle Flynn 5 years ago, in June 2018, regarding the trees numbered 1901 and 1902 in Bridlepath 53 off Soulbury Road leading to Linslade woods. These trees, although in the bridlepath are against the wall at the end of my garden at 19 Milebush, Linslade, LU& 2UB. Following my request, a very nice lady, Michelle Flynn (who I understand is no longer in your department and gave me your names) very kindly arranged for a small amount of work to be carried out in January 2019 to the trees. The trees were thinned, the ivy removed from around them and 20% was taken from the top. As I’m sure you can imagine 5 years on, the trees have increased significantly in height, width and thickness. Everything I put in my email in 2018 still applies with bells on!! Along with the fact we now have 4 Grandchildren running around amongst the pigeon poo!! I have copied and pasted my previous email from 2018 to Michelle below: Dear Michelle, I have been given your email address by Rick Thompson as I understand he no longer deals with the local bridlepaths and the responsibility has been passed onto yourself. I am writing to you following a conversation last year with Rick. He was extremely helpful, but I understand has now moved to a different department. It is regarding 2 trees, numbers 1901 and 1902 in Bridleway 53, which runs behind my garden in 19 Milebush. Last spring the trees were assessed and a small amount was taken off them, although since then they have increased in height much more than was originally removed. We were promised that the ivy growing up and strangling the trees would be dealt with and that the trees would be thinned to allow at least some dappled light through them into our garden, which is completely in shade from mid afternoon. I enjoy the sun and when we bought the house one of the things that clinched the sale was the sunny garden, with the trees being a lot smaller then and not causing too much of a problem. So far nothing further has has been done to the trees. My concern now is that they are overhanging our garden significantly and we have a lot of pigeons who sit in them making a nasty mess all over my lawn and garden furniture. Apart from the fact this is not very nice, the mess can get walked into the house and as also we have 2 small grandsons who are starting to toddle, this means we can't let then enjoy the garden and crawl on the lawn. What's more, a huge amount of detritus (flowers/seeds??) falls from the trees all year (particularly in Spring/Summer) which requires daily clearing up, regularly filling a couple of good sized buckets with 'stuff' most days. In an ideal world I would like the trees removed completely, but if you could please see it in your hearts to meet me halfway I would be eternally grateful. Kind regards Mandy Kilby 19, Milebush, Linslade. I am attaching some photo’s to give you an idea, but to be honest they do not show the true size of the trees. I know we have “No right to light” but you can see in the pictures that the two trees are now almost touching and overhanging our wall significantly. I would be extremely grateful if you are able to do something with the trees for us. 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Updates

  • The trees are owned by the property to the west of the bridleway (within the fenced in section), the trees are that landowners responsibility. The ROW team are responsible for anything else growing out of the surface such as weeds. I have responded to the planning application with regards protecting/enhancing the section of BW that abuts the development site.

    State changed to: Closed

    Posted by Central Bedfordshire Council at 11:14, Friday 23 August 2024

This report is now closed to updates from the public. You can make a new report in the same location.