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Increase effectiveness of TPOs
Local Authorities
Aberdeen City Council: These changes are supported with the proviso that the need to monitor and review TPOs will place an additional burden on local authorities and no clear justification has been given for introducing this requirement.
City of Edinburgh Council: The White Paper does not refer to previous comments made by the Council in relation to dealing with trees in conservation areas which forms a more substantial body of work, and use of staff resources, in this Council than that applied to TPO activities. The Council reiterates its concerns about the failure to identify this resource requirement and about the resources required to fulfil new duties to monitor and review TPOs. The latter is based on the experience of resources used to date in the Council's current TPO review exercise which shows a lengthy process for suitably qualified staff.
Inverclyde Council: The proposed principles of the review are acceptable improvements, however there is nothing to address the penalties for felling, which remains the biggest weakness.
Moray Council: Support in principle albeit no other details are provided other than an intention to review.
North Lanarkshire Council: Current arrangements rely heavily on a small number of staff with specialist skills in this area. While legislative changes are welcome there are issues about the resources required for effective implementation. Consideration could perhaps be given to an increased role for the Forest Authority.
West Lothian Council: Present controls are inadequate and offer opportunities for tree felling before an authority can take formal action. The proposals to improve these powers are to be greatly welcomed. However, consideration must also be given to the level of fines levied if the terms of tree protection measures are broken.
Other Public Bodies
Central Scotland Forest Trust:CSFT supports the use of the Planning Bill to take forward the proposed changes to enhance the effectiveness of tree preservation orders.
Planning Consultants, Architects and Lawyers
Roberts, GM: If more and more immediate protection is proposed, why not for hedgerows? - Many more of the latter will disappear, as agriculture shrinks.
Community Councils
Broughton & Pilrig Community Council: Where trees are subject to preservation orders non-compliance should attract a punitive fine and the duty to replace the tree.
West Garioch Community Council: The new Bill should require local authorities to obtain the agreement of the relevant Community Council before any Tree Preservation Order is suspended in any way, and then only after public consultation is completed.
Voluntary Organisations
Colinton Amenity Association: The importance of avoiding damage to tree root systems, especially of mature trees, must be emphasised if their long term health is to be safeguarded. Much has been written on this subject and the Arboricultural Association Information Service possesses an extensive bibliography. Our experience is that key protection distances to safeguard root systems are often reduced by a planning authority to accommodate development.
Portobello Campaign against the Superstore: Welcomes the enhancement to the effectiveness of tree preservation orders where the punishment should really be that. At present the fine can be so low as to be less than the timber resale cost. Hence the developer achieves their objective and makes a profit.
The Council for Scottish Archaeology:CSA welcome the commitment to use cultural heritage significance as one of the criteria for creating a Tree Preservation Order ( TPO) for specific trees. There is increasing recognition of the importance of woodland heritage both for its intrinsic value and for its value to local communities. We would additionally wish to see this expanded to produce a designation broader than that devoted to individual trees to cover woodlands of historic interest (such as coppiced woodland, wood pasture, parkland and former woodland hunting reserves). It would be desirable to produce Inventory of Heritage woodlands in conjunction with FCS (Forestry Commission Scotland) Historic Scotland, local councils and possibly organisations like the WT (Woodland Trust).
The Grange Association: Tree Protection Orders ( TPOs) do not seem to have a major impact on protection of our green environment. We would welcome moves to enhance the effectiveness of TPOs. Most cities have a character which is greatly enhanced by appropriate planting of trees and we consider that there might be a place for an 'environmental preservation order' which takes account of the general ambience of areas and could include a requirement for replanting where it is necessary to remove individual or groups of trees.
The Woodland Trust Scotland and Ancient Tree Forum: Support the proposal to introduce provisions in the forthcoming Planning Bill that would allow a TPO to be served for historic or cultural reasons. Previously advised the Scottish Executive of their proposal to significantly improve the protection afforded to Trees of Special Interest because: ancient trees and trees of special interest continue to be lost across Scotland; the TPO system, even with the proposed associated emergency powers, may often be too slow to protect trees, due to the ease and rapidity with which they can be felled or damaged; the TPO system is often compromised by a lack of planning authority resources especially where there is competition from other perceived higher priorities; there is a need for trees of national importance to be properly recognised as a very high priority; trees of national importance should be treated consistently across Scotland; and, ancient trees should be given at least equivalent protection to other comparable aspects of our heritage and championed by a national government agency. Our proposed solution is the establishment of a statutory Register of Trees of Special Interest. This Register would provide a mechanism to identify and give statutory recognition and protection to trees of national importance commensurate with that of listed buildings or scheduled ancient monuments. These trees would be identified according to criteria set out and under government control but subject to consultation with relevant bodies. The regulatory function, in respect to works to these trees, would be delegated to Local Authorities, as a modest extension of duties they already have in respect of trees, and provides the opportunity to make a TPO if appropriate works to the tree cannot be agreed. We envisage that a Register of Trees of Special Interest would not involve a significant additional cost or regulatory burden to the Scottish Executive, relevant agencies or local authorities. Indeed, we consider that there are a number of advantages in this system to the Scottish Executive, Local Authorities and landowners which we would be pleased to go through in further detail. Consultation with relevant bodies such as Forestry Commission Scotland, Historic Scotland and the Royal Commission on the Ancient and Historical Monuments of Scotland is being undertaken and consideration given to how such a proposal could work in practice. Nevertheless, we feel that there is a real opportunity to protect and raise the profile of this neglected aspect of Scotland's unique heritage by the means of statutory Register and to take advantage of the new Planning (Scotland) Bill to do this.
Private Individuals
Oliver, Jean: Where trees are designated as having important landscape value on a local plan, they should automatically be covered by TPOs.
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