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Power to protect trees

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WQ.442/2023

WRITTEN QUESTION TO THE MINISTER FOR THE ENVIRONMENT

BY DEPUTY M.R. SCOTT OF ST. BRELADE

QUESTION SUBMITTED ON MONDAY 6th NOVEMBER 2023 ANSWER TO BE TABLED ON MONDAY 13th NOVEMBER 2023

Question

“Further to Written Question 429/2023, and in relation to the Minister's power to protect trees through listing in accordance with Article 58 of the Planning and Building (Jersey) Law 2002, will the Minister advise, for the period since he took office –

  1. the minimum, maximum and average time taken by officers to respond to requests to list trees;
  2. how many requests for listing trees have yet to receive a response from officers;
  3. how many requests for listing trees have led to listing orders; and
  4. the number of planning permits issued that protect one or more specific trees through a condition in the planning permit?”

Answer

Powers to protect trees are vested in the Chief Officer, under the auspices of Article 58 of the Planning and Building (Jersey) Law 2002, not the Minister. The Minister’s powers to add trees to the list of protected trees is limited to the determination of appeals made in relation to Article 108 (2)(l).

  1. As stated in response to WQ429/2023 (b), there is currently no formal application process to request the listing of a tree, and this information is not held. Most proposals to consider the formal listing of a tree arise from the planning process within the context of development proposals.
  2. There are not considered to be any outstanding responses to requests to list trees. There are, however, a number of cases where the listing process is still live and remains to be concluded.
  3. None: there is no such thing as a listing order

As stated in response to WQ429/2023 (b), however, there is currently no formal application process to request the addition of a tree to the list of protected trees. Most proposals to consider the formal listing of a tree arise from referrals arising through the planning process within the context of development proposals.

The number of trees listed since September 2022 was set out in answer to WQ429/2023 (a). There were no trees added to the list between the election of the Minister to office on 11 July and September 2022.

  1. We are unable to extract data from our existing computer system on the number of conditions which protect trees via a planning permit.