Issue - meetings

This report provides an overview of offences under tree preservation legislation, including the classification of such offences, distinguishing between summary offences and those triable either way and the potential penalties arising from non-compliance.  Additionally, the report includes information on the Felling Licence regime administered by the Forestry Commission, as well as the role of Kent Police’s Wildlife Crime Unit in enforcing relevant legislation.

The report of the Director of Planning, Housing and Environmental Health provided an overview of the offences under the tree preservation legislation, including the classification of such offences, distinguishing between summary offences and those triable either way and the potential penalties arising from non-compliance.  Additionally, the report included information on the Felling Licence regime administered by the Forestry Commission, as well as the role of Kent Police’s Wildlife Crime Unit in enforcing relevant legislation.

The detailed information provided in the report, including the enforcement work carried out by Planning officers in addressing tree related breaches, was greatly appreciated by Members.

In response to a query regarding replacement planting of removed, uprooted or destroyed trees protected under a Tree Preservation Order, it was clarified that in accordance with the legislation if the tree(s) were removed either in contravention of the Order or under specified exemptions, the Order would automatically apply to the replacement tree as it did to the original tree.

With regard to Members’ desire for a complete review of all the areas protected under Tree Preservation Orders in order to establish which trees were protected when an Order was originally implemented, so as to provide updated evidence to support the emerging Local Plan, it was explained and acknowledged that the Council’s Planning Services were not able to commit to such a request given their current resource allocation, however, consideration would be given to a Tree Preservation Order review if such opportunity arise in the future, for example, when the legislation would be introduced to allow local planning authorities to set their own planning application fees, within a framework of cost recovery.