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Protecting trees under the Planning Law

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WQ.360/2020

WRITTEN QUESTION TO THE MINISTER FOR THE ENVIRONMENT

BY DEPUTY K.F. MOREL OF ST. LAWRENCE

ANSWER TO BE TABLED ON TUESDAY 6th OCTOBER 2020

Question

"Will the Minister provide the number and details of enforcement actions, if any, that have been taken in regard to protecting trees under the Planning (Jersey) Law 2002 for each year since 2015?

Answer

Undertaking work to a tree is not currently defined as development' under the Planning and Building (Jersey) Law 2002. On this basis, the need to take enforcement action would only arise where work is undertaken to a tree(s) that enjoys some form of protection without the necessary permission being sought.

Trees can be protected where they have high amenity value and where they make a valuable and important contribution to the local environment by adding them to the list of protected trees or protecting them with a planning condition.

The Minister for the Environment is advised that there has been no enforcement action taken, since 2015, for unauthorised work to trees that are on the list of protected trees; or which are protected by planning condition.

There have, however, been 67 applications to remove or undertake works to trees on the list of protected trees during that time; one of which has been refused; two of which have been withdrawn; and the remainder approved.

The Minister for the Environment is concerned at the loss of trees in the island and is seeking to make changes to the law to provide greater control over works to them; and to ensure greater rigour in the assessment of proposals to remove or manage them.