New clause 12 - Tree preservation orders affecting land where Forestry Commissioners interested
Planning and Compulsory Purchase (Re-committed) Bill
5:28 pm
Mr Keith Hill (Minister of State (Housing and Planning), Office of the Deputy Prime Minister; Streatham, Labour)
These new clauses are concerned with trees in two specialised sets of circumstances. New clause 12 deals with tree preservation orders affecting land where the Forestry Commission has an interest. New clause 13 deals with acts of the Crown in connection with trees in conservation areas.
Before speaking about the new clauses, it might help if I clear up a point that arose this morning on tree preservation orders—a passionate concern of the hon. Member for Cotswold. I would like to confirm that it will be possible for tree preservation orders to be made on Crown land, subject to the minor modifications that we are about to debate. The difficulty seems to have arisen from the repeal of section 300 of the principal Act, in paragraph 26 of new schedule 1. Section 300 deals with tree preservation orders in anticipation of disposal of Crown land.
That is currently required because the principal Act does not bind the Crown and sets out the special circumstances in which the local planning authority might make a tree preservation order. In brief, the circumstances are that if the land is to be sold by the Crown there ought to be a tree preservation order in place before that sale takes place to protect the woodland or other trees there. The Committee will understand that that provision is no longer necessary as local planning authorities will be able to make tree preservation orders on Crown land at any time.
Having offered what I hope is a helpful word of clarification, I shall now revert to new clause 12. The removal of Crown immunity will enable local planning authorities to make tree preservation orders on Crown land without the prior consent of the relevant Crown body. The Crown will therefore be subject to the usual requirements imposed by such orders, including the requirement to obtain the local planning authority's consent for felling or pruning works. Under the tree
preservation order legislation, the requirement to obtain a local authority's consent is disapplied in a number of circumstances—for example, where trees are dangerous or where felling has otherwise been approved by the Forestry Commission, either by felling licence or one of its woodland management schemes.
Accordingly, under section 200 of the principal Act, woodland management carried out by private individuals in accordance with the plan of operations approved by the Forestry Commission can proceed outside the controls of the tree preservation orders system. New clause 12 amends section 200 to ensure that forestry operations or woodland management carried out by the Forestry Commission is also not subject to those controls. That takes it into account that the commissioners make their felling and other management decisions in accordance with their duty under the Forestry Act 1967 to achieve a reasonable balance between forestry and conservation.
New clause 13 is a second new clause on trees and it adds four new subsections to the end of section 211 of the principal Act. It is another proposal that is difficult to follow because the beginning of the section to which it relates is not set out. I must therefore describe what existing subsections (1) and (3) of section 211 do, in the context of the enforcement provisions in new clause 11. Section 211 is concerned with trees in conservation areas that are not subject to tree preservation orders. Subsection (1) provides that it is an offence to do to such a tree anything that would be prohibited by a tree preservation order. However, subsection (3) provides a statutory defence. As we have seen in new clause 11, offences do not apply to the Crown, nor does any statutory defence. Accordingly, in place of both, new clause 13 prohibits the Crown from doing acts prohibited by subsection (1), unless the conditions in subsection (3) are met.
The result is that before an emanation of the Crown does anything to a tree in a conservation area that would be prohibited by a tree preservation order, it must first serve a notice on the local planning authority, setting out its proposals. In effect, the local planning authority has six weeks to respond. If it gives its consent within that period—consent has to be unconditional—all well and good. If the authority wishes to attach conditions to or prevent the work, it must make a tree preservation order. If the authority does not respond within a six-week period, the tree works may proceed. New clauses 42 and 43 make the same amendments to equivalent sections in the principal Scottish planning Act. The purpose and effect of the amendments in the Scottish context are as I described for England and Wales.