Protected trees (FOI)

​Request

A

With respect to the following planning application decisions concerning protected trees - TPA/2012/1172, TPA/2012/1181 can the Department of the Environment confirm that conditions two and three were complied with:

Condition two: Prior to the commencement of the development, full details of two replacement trees in the same position shall be submitted and approved by the Minister for Planning and Environment. Once agreed, the replacement trees shall be planted within the first available planting season and shall be retained and maintained as such.

Condition three: Prior to the planting of the replacement trees, a maintenance scheme shall be submitted to and approved by the Minister for Planning and Environment. The agreed maintenance scheme shall be fully implemented once the replacement trees have been planted and shall be retained and maintained in full accordance with the details of the maintenance scheme.

B

If these conditions were complied with, can the Department of the Environment provide written evidence, in the form of:

(i) the written submission detailing the replacement tree(s)

(ii) the written maintenance schedule for the tree(s)

(iii) the written approval of the Minister of Planning and Environment approving these submissions as outlined in condition two and three above

C

Can the Department of the Environment confirm that they have inspected the sites to ensure that these planning conditions have been complied with - specifically that the trees have been:

• planted

• maintained in accordance with any submitted maintenance scheme

D

Can the Department of the Environment advise as to the steps taken if these planning conditions have not been complied with?

Response

Information was submitted in relation to Condition two for the replacement of trees at No 1, La Providence (TPA/2012/1172). The department did not follow up on the need for a maintenance schedule as outlined in condition three, as condition two already stated that the trees should be maintained.

Information was submitted in relation to both conditions two and three for the replacement of trees as No 2, La Providence (TPA/2012/1181).

Copies of relevant correspondence are attached.

TPA-2012-1172-Doc 1 SR_Redacted

TPA-2012-1172-Doc 2 SR_Redacted

TPA-2012-1181-Doc 1 SR_Redacted

TPA-2012-1181 Doc 1 Att 1- SR_Redacted

 Personal information has been redacted in accordance with Article 25 of the Freedom of Information (Jersey) Law 201.

The removal and replacement of protected trees is covered under the Planning and Building (Jersey) Law 2002. In 2017 responsibility for the administration of the Planning and Building (Jersey) Law 2002, was transferred from the Minister to the Chief Officer.

The Chief Officer, through a decision-making protocol, has delegated the responsibilities for making decisions under the Law to officers of the department. Therefore, the approval of replacement trees is carried out at officer level, in accordance with the protocol.

Decision-making protocol

The department does not have the people resources to visit sites to ensure that conditions have been complied with. We very much rely on members of the public to inform us on any suspected non-compliance issues. If you believe that the trees / hedges are no longer in existence and / or are not being maintained we would be most grateful if you could report this matter by emailing Planning and Building Compliance.

Exemptions applied:

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law