Protected trees (FOI)

​Request

What number (and percentage) of trees protected by listing via the mechanism cited in Chapter 2 of the Planning and Building (Jersey) Law 2002 have subsequently been delisted and felled?

Of those that have been removed, what were the main reasons given for their removal?

How many of these sites (percentage or number) have subsequently been visited by a planning officer to ensure compliance under the necessity to replant a suitable tree in a specified place on that land and in a specified time period?

How many people have been fined for removing a listed tree under article 61 of the Planning and Building (Jersey) Law 2002?

Response 

Information about the number of trees included on the List of Protected Trees is available via the online register.

List of protected trees

Trees will only be removed (de-listed), under the provisions of Article 59 of the Planning and Building (Jersey) Law 2002, as amended. The law is available online:

PLANNING AND BUILDING (JERSEY) LAW 2002

Once a tree has been added to the List of Protected Trees permission is required to carry out any work on it or to fell it.

Since 2008, 18 applications have been made to fell protected trees. Details of these applications are available via the online planning register, under the category Tree Works.

Protected tree search

A summary of the applications received to remove protected trees is shown in Appendix 1 detailing the basis for decisions to approve their removal.

There is no requirement to replace a protected tree that has been removed, either with or without permission. However where permission has been granted to remove a protected tree a condition may be added to the approval to replace the tree being removed.

Removing a protected tree without permission may result in prosecution under Articles 61(2) and 61(4) of the Planning and Building (Jersey) Law 2002, as amended. The law is available online on the Jersey Law webiste (see link above).

Of the 18 applications received to remove a protected tree, 13 have received approval subject to a condition that the tree is replaced. Further details can be found in Appendix 1, as attached.

While officers may visit a site to ensure a tree has been replaced due to a conditioned approval, the department does not maintain a record of which sites have been visited.

No fines have been levied for removing a listed tree, under the auspices of Article 61 of the Planning and Building (Jersey) Law 2002.