New clause 12 - Tree preservation orders affecting land where Forestry Commissioners interested
Planning and Compulsory Purchase (Re-committed) Bill
5:28 pm

Photo of Mr Geoffrey Clifton-Brown

Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

It seems to me that new clause 12 is a tidying-up clause to allow the Forestry Commission to carry out its usual operations. I have never heard of a case in which it has been hindered by a tree preservation order, and I do not know whether the Minister knows of any such case. I suppose that the clause covers one of his ''what if?'' situations.

The Minister mentioned that under a tree preservation order, the owner of the tree may fell or prune it if it is has become dangerous or is subject to a woodland management scheme. I wonder whether in new clause 12, relating to section 211 of the principal Act, which is about trees in a conservation area, the two same provisions apply. I have never considered the matter before, but it is an interesting question. I suspect that they probably do, but the Act does not say so. I would be grateful for the Minister's clarification of that . If he needs a bit of inspiration, no doubt he will get it—and if he needs further inspiration, no doubt he will write to the Committee.

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