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.