Council

Date of meeting 15 December 2022

Agenda Item 60

 


 

 

 GREEN Group Amendment

 

Protecting the City’s Trees

That the relevant changes are made to the recommendations as shown below in strikethrough and bold italics:

 

This Council notes that:

 

1.    Tree Preservation Orders (TPOs) were introduced in 1947 as a tool for local authorities to use to protect individual trees and woodland in the interests of preserving the amenity those trees provide to the area.

 

2.    If a tree is protected by a TPO then it is a criminal offence to cut down, top, lop, uproot, damage or destroy that tree without the written consent of the local planning authority, and this extends to the cutting of the tree’s roots.

 

3.    Anyone found guilty of wilfully destroying a protected tree, or wilfully damaging that tree in a way that is likely to destroy it, may be fined up to £20,000 in the Magistrates Court and, in serious cases, they may go to the Crown Court, where the potential fine is unlimited and that this record was first tested thanks to action from a Brighton and Hove City Councillor

 

This Council agrees that:

 

4.    We should use the full force of the law when trees with TPOs are removed without BHCC’s permission.

 

This Council therefore resolves to request:

5.    A report toETS  TECC Committee which outlines brings forward for approval:-

a.    An enforcement  Details on the council’s and national planning policy in relation to trees with TPOs that are removed without BHCC’s permission and lawful conditions the council can make on applications regarding trees;

b.    A draft communications planGuidance for residents and developers to support the Council’s enforcement approach.

c.    Rules about the size, variety and number of trees – as well as agreed watering and maintenance schedules - to replace any tree on private land removed without the required permissions.

 

Proposed by: Cllr Littman                                               Seconded by: Cllr Hugh-Jones


 

Recommendations to read if carried:

 

This Council notes that:

 

1.    Tree Preservation Orders (TPOs) were introduced in 1947 as a tool for local authorities to use to protect individual trees and woodland in the interests of preserving the amenity those trees provide to the area.

 

2.    If a tree is protected by a TPO then it is a criminal offence to cut down, top, lop, uproot, damage or destroy that tree without the written consent of the local planning authority, and this extends to the cutting of the tree’s roots.

 

3.    Anyone found guilty of wilfully destroying a protected tree, or wilfully damaging that tree in a way that is likely to destroy it, may be fined up to £20,000 in the Magistrates Court and, in serious cases, they may go to the Crown Court, where the potential fine is unlimited and that this record was first tested thanks to action from a Brighton and Hove City Councillor

 

This Council agrees that:

 

4.    We should use the full force of the law when trees with TPOs are removed without BHCC’s permission.

 

This Council therefore resolves to request:

5.    A report to TECC Committee which outlines

a.    Details on the council’s and national planning policy in relation to trees with TPOs that are removed without BHCC’s permission and lawful conditions the council can make on applications regarding trees;

b.    A draft communications plan for residents and developers to support the Council’s enforcement approach.