UKTC Archive

RE: Consultation on Welsh Law regarding trees

Subject: RE: Consultation on Welsh Law regarding trees
From: Alastair Durkin
Date: Jan 11 2019 09:08:45
" The anglocentric view ("it's relevant because it will probably be adopted 
in England") is the same one the AA took. How about "it's relevant because 
trees need more protection" or "it's relevant because Wales planning law 
needs reform"? Thanks, England, we love you too!"

Hi Julian, can you explain what you mean here?

Thanks

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Julian Morris
Sent: 11 January 2019 08:49
To: UK Tree Care
Subject: Re: Consultation on Welsh Law regarding trees

I made representations, and although I was misquoted in the analysis Charles 
Mynors has subsequently apologised and I have corresponed with him on some of 
the detail that will be needed to make the loss of the 'nuisance' exemption 
work (principally the right to compensation including for loss in land 
value). As such. it is fab to have him there giving trees a really thorough 
non-political scrutiny. And there's a more general move to recognise it's the 
tree that's TPO'd, not the land it's standing on. Which makes sense and is in 
my view long overdue. I dont' think this would have been brought about but 
for CM's role.

The anglocentric view ("it's relevant because it will probably be adopted in 
England") is the same one the AA took. How about "it's relevant because trees 
need more protection" or "it's relevant because Wales planning law needs 
reform"? Thanks, England, we love you too!

Julian A. Morris - Professional Tree Services jamtrees.co.uk  and  
highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Friday, January 11, 2019 at 8:28 AM
From: "Bill Anderson" <anderson.arb.original@xxxxxx.com>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Consultation on Welsh Law regarding trees

I note that Dr Professor Sir Lord Saint Charles Mynors was part of the 
review team Tim. Possibly this is why there's quite a bit of tree 
-related stuff in there. Martin Goodall (Planning Law blogger) seems 
to think it's relevant because it will probably be adopted in England, 
eventually, and that it should be welcomed. (He probably wasn't just 
thinking about trees.)

As for the losing the nuisance exemption; the more I think about this 
the more I realise it can't be any other way. Nuisance that's not 
tree-related would have to be considered at the same time, and that 
seems to put a cat among the pigeons to my way of thinking.

Bill.

On Thu, 10 Jan 2019 at 17:18, Tim Moya 
<tim.moya@xxxxxxxxxxxxxxxx.co.uk>
wrote:

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-repor
t/ 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

[Tandridge Logo]
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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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/