UKTC Archive

RE: Consultation on Welsh Law regarding trees

Subject: RE: Consultation on Welsh Law regarding trees
From: Tim Moya
Date: Jan 10 2019 17:18:45
This is an old thread and Alistair's post is below.
I may have missed discussion of this as the final report was published in 
November but I've only just realised. It's available here  
https://www.lawcom.gov.uk/document/planning-law-in-wales-final-report/ There 
is a theory that the changes may be tested in Wales for introduction in the 
rest of the UKthe rest of the UK 

There is quite a bit on TPOs including:

- We recommend that the exemption from the need for consent under a tree
preservation order relating to works that are “necessary to prevent or abate a
nuisance” (currently in section 198(6)(b) of the TCPA 1990) should not be 
restated
either in the Act or in new trees regulations.

- We recommend that, when the regulations are next updated, consideration 
should
be given to introducing a new exemption to allow the carrying out without 
consent
of works to a tree protected by a woodland preservation order smaller than a
specified size, but only where carried out for the sole purpose of improving 
the
growth of other trees.

-We recommend that the offence under what is now section 210 of the TCPA 1990
(contravening tree preservation regulations) and under regulations made 
pursuant
to the provision restating section 202A (prohibiting works to a tree subject 
to a tree
preservation order) should be framed so as to require the prosecution to 
prove that:
(1) a copy of the order had been served in accordance with the relevant
statutory requirements before the start of those works; or
(2) a copy of the order was available for public inspection at the time of the
works.
We also recommend that the regulations should include, alongside the 
requirement
to make the order available for inspection, a further requirement to record 
on the
order the date on which it was first thus made available.

Tim Moya 

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Alastair Durkin
Sent: 26 January 2018 10:39
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Consultation on Welsh Law regarding trees

Dear collective

I can't remember if this has already been mentioned but some may be aware 
that Charles Mynors has recently been helping the Law Commission with a 
complete reform of Welsh planning law. The ICF has forwarded me the trees bit 
of the consultation today. There are some parts which would get my broad 
approval, such as:


-          Clarification of the term 'wilful' to be replaced by 'reckless' or 
'intentional' when applied to TPO offences.

-          That all new 'area' orders cease to exist after 5 years (i.e. they 
must be modified prior to confirmation)

-          Getting rid of the nuisance exemption (i.e clarification of 
nuisance/mere encroachment of branches or roots)

-          Bringing in some sort of certificate of lawfulness for works to 
trees (this could help with those tricky old TPO map issues that we have 
recently been discussing)

There is loads of stuff to look at and discuss. However, I am really 
surprised by one of the suggestions that the consultation has come up with:

After clarifying at 15.46 that woodland TPOs should apply to all trees within 
the woodland, irrespective of their age, the consultation then goes on to 
propose at 15.84 that there should be an exemption for removal of saplings 
from a woodland, ostensibly because it's a pain to make an application when 
you might want to clear undergrowth that may or may not have saplings growing 
within it. Now to me this disrupts the whole point of a woodland TPO, which 
is to protect the woodland as an ongoing entity. It seems to me that if they 
were so inclined a landowner progressively clear a protected woodland by the 
systematic removal of regeneration. If anybody thinks my interpretation is 
incorrect then I would be grateful for clarification, but this particular 
proposal concerns me. I will be personally responding to the consultation, 
and I would encourage others to do so too.

Of course at the moment this affects Wales only, but I see no reason why the 
same ideas might not cross over to England, Scotland and Northern Ireland.

Alastair

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Tandridge District Council
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Tel : 01883 XXXXXX
Fax: 01883 XXXXXX
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Alastair Durkin
Senior Tree Officer
Planning Development Management
adurkin@xxxxxxxxxx.gov.uk<mailto:adurkin@xxxxxxxxxx.gov.uk>







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