Written question asked by Lord Maginnis of Drumglass (Crossbench), in the House of Lords. It was answered by Baroness Andrews (Labour) on Wednesday, 6 December 2006.

Trees

Question: asked Her Majesty's Government:Whether, when trees that are subject to a tree preservation order are unlawfully destroyed, planning permission for building development that would not have been granted if the trees had survived can then be granted subject to any other conditions being fulfilled.

Answer: Any application for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The unlawful destruction of protected trees does not automatically render land suitable for development. Under section 206 of the Town and Country Planning Act 1990, the landowner is under a duty to plant replacement trees at the same place. These trees are automatically protected by the original tree preservation order. This duty to replace the trees, if enforced by the local planning authority, would be material to its consideration of a separate application to develop the land.

Secondary information

Type: Written question
Reference: 465; 687 c147-8WA
Session: 2006-07
Related items: Trees
Tuesday, 9 January 2007
Written questions
House of Lords
Subjects: Planning permission Nature conservation Tree felling Trees Tree preservation orders
Link: View this Written question on www.publications.parliament.uk