Agenda item

Tree Preservation Orders – Legislation

It was moved by Councillor Irving, seconded by Councillor McCann that:

A Tree Preservation Order is an order made by a Local Planning Authority to protect specific trees, groups of trees or woodlands in the interests of amenity. 

At present the Legislation relates to specific trees when in fact all trees play a huge role in reducing climate change, they are essential in the plight to reduce air pollution, control climate change, act as barriers to noise from motorways and public transport routes/links and provide vital shelter and support to our dwindling wildlife.

This Council believes that the Legislation in relation to Tree Preservation Orders is out of date and requires a review to respond to the environmental changes of the 21^st Century and in line with the Climate Change Emergency declaration. 

Individual Local Councils along with Parish Councils should be granted powers to use at their discretion, to approve individual or blanket tree preservation orders on mature trees and not only the specific trees, groups of trees or woodlands currently set out in Legislation.

This Council resolves:

To write to the Secretary of State asking him to review the legislation that covers Tree Preservation Orders in order that they are brought in line with 21^st Century thinking due to climate change, biodiversity loss and unwarranted removal of mature trees that are not protected by present day tree preservation orders with a view to granting powers to allow Local Councils as well as Parish Councils, at their discretion, to approve individual or blanket tree preservation orders on mature trees. 

An amendment was moved by Councillor Veidman, seconded by Councillor O’Brien that the Motion be amended by:

replacing the word “plight” with “fight” in the fourth sentence;

deleting the words “control climate change” in the fifth sentence;

replacing the word “believes” to “notes” in the second paragraph;

replacing the following words “that the Legislation in relation to Tree Preservation Orders is out of date and requires a review to respond to the environmental changes of the 21^st Century and in line with the Climate Change Emergency declaration” with “Sefton Council has declared a climate emergency and trees play an important role in helping us to meet our objectives.  Sefton has hundreds of TPO’s in place covering not just individual trees but wooded areas and is currently developing a Tree Strategy which will inform our future use of TPO’s.  Local authorities”;

adding the word “additional” in between the words “granted” and “powers”;

and replacing the following words in the paragraph that begins “This Council resolves”

“in order that they are brought in line with 21^st Century thinking due to climate change, biodiversity loss and unwarranted removal of mature trees that are not protected by present day tree preservation orders with a view to granting powers to allow Local Councils as well as Parish Councils, at their discretion, to approve individual or blanket tree preservation orders on mature trees”

with the following words:

“with a view to bolstering the LPA’s ability to protect trees and wildlife and help Local Authorities meet climate change objectives”.

Following debate on the amendment Councillor Irving, as Mover of the Motion indicated that he accepted the amendment as a “friendly amendment” in accordance with paragraph 72 of Chapter 4 in the Constitution and it was unanimously:

RESOLVED:           That:

A Tree Preservation Order is an order made by a Local Planning Authority to protect specific trees, groups of trees or woodlands in the interests of amenity.

At present the Legislation relates to specific trees when in fact all trees play a huge role in reducing climate change, they are essential in the fight to reduce air pollution, act as barriers to noise from motorways and public transport routes and provide vital shelter and support to our dwindling wildlife.

This Council notes

Sefton Council has declared a climate emergency and trees play an important role in helping us to meet our objectives.  Sefton has hundreds of TPO’s in place covering not just individual trees but wooded areas and is currently developing a Tree Strategy which will inform our future use of TPO’s.

Local authorities should be granted additional powers to use at their discretion, to approve individual or blanket tree preservation orders on mature trees and not only the specific trees, groups of trees or woodlands currently set out in Legislation.

This Council resolves:

To write to the Secretary of State asking him to review the legislation that covers Tree Preservation Orders with a view to bolstering the LPA’s ability to protect trees and wildlife and help Local Authorities meet climate change objectives.