Tree Preservation Orders Research Articles

Categories of Tree Protection Legislative Provisions of Local Planning Authorities in Peninsular Malaysia

This study was conducted to identify categories of urban tree protection legislative provisions (TPLP) implementable by the local planning authorities (LPAs) in Peninsular Malaysia through a deductive thematic analysis of Act 172, Act 267, Act 171, Act 133, Act 536 and Park By-Laws. The results show that Malaysian urban TPLP categories are mainly found only in Act 172 and Act 267, and they are: 1) Tree Felling Prohibition, 2) Tree Preservation Order (TPO), and 3) Tree Protection Planning Conditions. The first category is for the LPAs to prohibit tree felling or other tree damaging activities without their consent. The second category is about orders made by LPAs to protect specific trees or groups of trees in the interests of amenity. The third category is pertaining to conditions imposed by LPAs on a grant of planning permission (Kebenaran Merancang) that requires the applicants to retain and protect any tree in the development. The outcomes of the analysis further suggested that Malaysian protected urban trees can also be group into two: 1) Regulated Trees, and 2) Registered Trees. The former category are trees with girth exceeding 0.8 m (Act 172) and 1.0 m (Act 267) protected by Tree Felling Prohibition provisions. The latter are trees protected by TPO provisions of both Act 172 and Act 267. All protected urban trees are subjects of the Tree Protection Planning Conditions. If properly implemented, the TPLP would be a vital tool for environmental conservation efforts.

Categorising the Tree Protection Legislative Provisions Implemented by Local Planning Authorities Globally

This study aims to categorise the tree protection legislative provisions (TPLPs) being implemented by local planning authorities (LPAs) worldwide to protect their urban trees. Through inductive thematic analysis of content in numerous LPA websites and the legislation documents downloaded from the websites, this study identified five categories of TPLPs: 1) Tree Felling Prohibition, 2) Significant Tree Register Establishment, 3) Tree Conservation Area Designation, 4) Tree Preservation Order (TPO), and 5) Tree Protection Planning Conditions. The first TPLPs category is for LPAs to prohibit tree felling or other tree damaging activities without their consent. The second category is to allow LPAs establishing registers of trees that are considered significant for protection. The third gives power to LPAs to designate their conservation areas and protect the trees inside the areas. Next, the TPO is the orders made by LPAs to protect specific trees, groups of trees or woodlands in the interests of amenity. The final TPLPscategory is about conditions imposed by LPAs on a grant of planning permission that requires the developers to retain and protect any tree. The comprehensive information gathered has also enabled and protected urban trees to be broadly categorised into two: 1) Regulated Trees, and 2) Registered Trees. Moreover, several concepts of urban tree protection were developed and described to elucidate the categorisation. The concepts are: “Prohibitive vs Directive” commands pertaining to approaches taken by LPAs to protect trees; “Specific vs Blanket” methods to declare the protected trees; and “To be Protected vs To be Preserved” status to explain implications of being in each of the protected urban tree categories.

TREE PRESERVATION ORDER (ACT 172) ADOPTION PROCESS WITHIN THE NATIONAL DEVELOPMENT PLANNING FRAMEWORK

This study was conducted to obtain comprehensive information on the process of Tree Preservation Order or TPO (Act 172) adoption by the states in the context of National Development Planning Framework (NDPF) that includes the formulation and adoption of TPO Rules. The study was part of the authors’ research in finding answers to the lack of TPO (Act 172) implementation in the country. The data were acquired through consultation with PLANMalaysia and state JPBDs, and by reviewing the agencies’ documents. The results, presented in the form of process flowcharts, would be useful for the current and future research in making evaluation concerning the adequacy of planning and actions taken during the adoption process that would ensure TPO (Act 172) implementation. This study preliminarily concludes that the planning and actions taken were adequate, i.e., done in an orderly manner and followed the procedures common to the NDPF. However, the next step in ensuring that the TPO (Act 172) adoption is effective, TPO (Act 172) implementation must be put as high priority in the work plans of each related agency.

THE IMPLEMENTATION OF TREE PRESERVATION ORDER IN URBAN ENVIRONMENT: PUBLIC AND LOCAL AUTHORITY PERCEPTION

Trees are natural assets that play a vital role in the environment and living things on earth. Every tree has its own values, importance and benefits that can make a huge impact, especially in terms of enhancing the urban environment. Thus, the Tree Preservation Order (TPO) has been introduced all over the world, including Malaysia, to protect the trees. Although there are numerous studies about the importance of trees in urban areas, there are still not many studies on the TPO in Malaysia. The implementation of TPO in Malaysia is still not sufficient because of the awareness and challenges in implementing the order. This study analyses the perceptions of the public and local authorities in implementing the TPO in the urban environment. The study managed to get fifty (50) respondents from the questionnaire survey conducted, and interview four representatives from the Department of Landscape and Recreation Development and Department of Planning of Kuala Lumpur City Hall (KLCH). The officers were interviewed in order to study the perception of the local authority on implementing the TPO in urban environment. Based on the result obtained, the study found out that the public has awareness, knowledge and proper understanding of the implementation of TPO. However, according to the local authority, the public’s awareness and knowledge of TPO is still lacking. The local authority faces several issues and challenges in implementing the TPO because of the lack of the awareness of TPO on the part of the public. Hence, public awareness and knowledge can also help the local authority in the implementation of TPO in the urban environment.

AWARENESS AND KNOWLEDGE OF TPO (ACT 172) AMONG CONSTRUCTION INDUSTRY PROFESSIONALS AND LOCAL PLANNING AUTHORITY PERSONNEL IN KLANG VALLEY

The need to care for trees, especially in urban areas, has become increasingly important for countries like Malaysia which are developing rapidly. Recognising the fact that construction activities could put trees at risks of death and damage, the Malaysian government introduced Tree Preservation Order (Act 172) in 1996. However, there were cases occurred afterwards whereby matured trees had been cut down for development without consent of the local authorities. This situation has raised many questions about the effectiveness of the TPO (Act 172) implementation, including on how far the TPO (Act 172) has been publicised and understood by those related to the construction industry, a pre-requisite for successful legislative implementation. This study assesses the current awareness and knowledge of the TPO (Act 172) among 60 professionals in the construction industry (PCI) and 47 personnel in local authorities (PLA) within Klang Valley through a questionnaire survey. The results show that the awareness level of TPO (Act 172) among PLA respondents was higher than that of PCI. While most of the PLA got acquainted with the TPO (Act 172) through their organisations, most of the PCI learned it from friends and social medias. It is recommended that the government should be more active in publicising the TPO (Act 172) such as through mass media and awareness campaigns.

AWARENESS AND KNOWLEDGE OF TPO (ACT 172) AMONG CONSTRUCTION INDUSTRY PROFESSIONALS AND LOCAL PLANNING AUTHORITY PERSONNEL IN KLANG VALLEY

The need to care for trees, especially in urban areas, has become increasingly important for countries like Malaysia which are developing rapidly. Recognising the fact that construction activities could put trees at risks of death and damage, the Malaysian government introduced Tree Preservation Order (Act 172) in 1996. However, there were cases occurred afterwards whereby matured trees had been cut down for development without consent of the local authorities. This situation has raised many questions about the effectiveness of the TPO (Act 172) implementation, including on how far the TPO (Act 172) has been publicised and understood by those related to the construction industry, a pre-requisite for successful legislative implementation. This study assesses the current awareness and knowledge of the TPO (Act 172) among 60 professionals in the construction industry (PCI) and 47 personnel in local authorities (PLA) within Klang Valley through a questionnaire survey. The results show that the awareness level of TPO (Act 172) among PLA respondents was higher than that of PCI. While most of the PLA got acquainted with the TPO (Act 172) through their organisations, most of the PCI learned it from friends and social medias. It is recommended that the government should be more active in publicising the TPO (Act 172) such as through mass media and awareness campaigns.

A REVIEW ON THE NEEDS TO IMPROVE MALAYSIAN TREE PRESERVATION ORDER (TPO) (ACT 172)

Trees are important to human and the environment, and should always be protected to continuously benefit us. The Malaysian government, recognising that the rapid development of the country has put trees at risks of being damaged and killed, thus introduced Tree Preservation Order (Act 172) in 1996. However, recently, there have been cases whereby trees that were meant to be preserved were felled down without consent of the local authorities. This situation has raised questions on the effectiveness of the tree protection legislation. This paper gives information on the progress of the TPO (Act 172) gathered through literature review and proposes improvements of the legislation.

A REVIEW ON THE NEEDS TO IMPROVE MALAYSIAN TREE PRESERVATION ORDER (TPO) (ACT 172)

Trees are important to human and the environment, and should always be protected to continuously benefit us. The Malaysian government, recognising that the rapid development of the country has put trees at risks of being damaged and killed, thus introduced Tree Preservation Order (Act 172) in 1996. However, recently, there have been cases whereby trees that were meant to be preserved were felled down without consent of the local authorities. This situation has raised questions on the effectiveness of the tree protection legislation. This paper gives information on the progress of the TPO (Act 172) gathered through literature review and proposes improvements of the legislation.

Attitudes and approaches in London boroughs to the use of photographic records in the justification, management and enforcement of tree preservation orders

English law allows a local planning authority (LPA) to impose legal protection for special trees through the making of a tree preservation order (TPO). Against the penalty of criminal prosecution, these orders preserve the appearance of trees for the benefit of public amenity. Current literature and guidance notes disagree on the significance of photographs in the management of protected trees. This study investigated whether there was any variation in approach to the management of photographic records of protected trees by LPAs responsible for the administration of TPOs in 33 London boroughs. It was found that no responding boroughs adopt a formal procedure for the management of photographic records. Analysis of responses (n = 21) indicated that 10 boroughs were photophobic, with their attitude to digital recording technology adversely influencing their working practices. This contrasts with the finding that most officers saw considerable benefit in developing and using a photographic archive of protected trees. It is concluded that current pressure on local authority resources is an obstacle to the capture of such a photographic archive of protected trees, and this, in turn, highlights an opportunity for the creation of a best practice model through tree officer group and governing body cooperation.

Tree Preservation Order and its Role in Enhancing the Quality of Life

Trees are an important part of human community especially in the urban area. They can help to define the character of an area and create a sense of place. The deep enthusiasm for trees as an integral part of an urban environment is evident, thus protecting trees with aesthetic and a high amenity value is part of a good sustainable practice. This study is to analyze the implementation of TPO in tree management practice through interview and survey. Consequently, the results show that 80% of the respondents considered TPO were not fully utilized during proposed landscape design.

110Years of change in urban tree stocks and associated carbon storage.

Understanding the long-term dynamics of urban vegetation is essential in determining trends in the provision of key resources for biodiversity and ecosystem services and improving their management. Such studies are, however, extremely scarce due to the lack of suitable historical data. We use repeat historical photographs from the 1900s, 1950s, and 2010 to assess general trends in the quantity and size distributions of the tree stock in urban Sheffield and resultant aboveground carbon storage. Total tree numbers declined by a third from the 1900s to the 1950s, but increased by approximately 50% from the 1900s–2010, and by 100% from the 1950s–2010. Aboveground carbon storage in urban tree stocks had doubled by 2010 from the levels present in the 1900s and 1950s. The initial decrease occurred at a time when national and regional tree stocks were static and are likely to be driven by rebuilding following bombing of the urban area during the Second World War and by urban expansion. In 2010, trees greater than 10 m in height comprised just 8% of those present. The increases in total tree numbers are thus largely driven by smaller trees and are likely to be associated with urban tree planting programmes. Changes in tree stocks were not constant across the urban area but varied with the current intensity of urbanization. Increases from 1900 to 2010 in total tree stocks, and smaller sized trees, tended to be greatest in the most intensely urbanized areas. In contrast, the increases in the largest trees were more marked in areas with the most green space. These findings emphasize the importance of preserving larger fragments of urban green space to protect the oldest and largest trees that contribute disproportionately to carbon storage and other ecosystem services. Maintaining positive trends in urban tree stocks and associated ecosystem service provision will require continued investment in urban tree planting programmes in combination with additional measures, such as revisions to tree preservation orders, to increase the retention of such trees as they mature.

CAN A MORE DISCIPLINED APPROACH TO TREE APPRAISAL INFORM DEVELOPMENT SITE SURVEYS AND TREE PRESERVATION DECISIONS—AND VICE VERSA?

Some of the benefits gained from applying a rigour of process to tree valuation could be exported to wider forms of tree appraisal in the UK, such as development site surveys. Indeed, surveyors may already use depreciation methods intuitively, but unconsciously, on development sites. The advantage of unconscious usage is that practitioners have a pre-existing familiarity with these broader appraisal methods; the disadvantage of unconscious practice is that the process remains unfocussed and lacking in internal coherence—no ‘grammar’ of process. Alignment with more universal methods of quality categorisation than those currently employed in UK practice (i.e. British Standard 5837: 2005 Trees in relation to construction), could lead to a greater transparency of process and greater consistency in consultants' reports. Cross-fertilisation with more disciplined appraisal techniques, such as CTLA's Trunk Formula Method (TFM), is proposed, rather than straight substitution by them. A full TFM appraisal may be too detailed an exercise for each individual tree on a development site; nor is the financial valuation of each tree proposed. Rather, the proposal is that the TFM depreciation factors (Species, Condition, Location) inform the future review of BS5837's quality categorisation process, imparting to it, the basic grammar that is currently lacking. Tree officers could also develop this grammar to more readily justify Tree Preservation Order designations, beyond essentially visual criteria, and through the addition of the monetary factors, when seeking high-level fines. Despite 40 years of amenity tree valuation in the UK, arboriculturalists remain singularly unversed in the broader appraisal language. Familiarisation with and adaptation of CTLA methods, which draw upon this grammar, could help expose arboriculturalists to the language and allow them to communicate valuations more universally to the other professions and industries to which arboriculture must increasingly relate.

Tree-related subsidence: Pruning is not the answer

Building subsidence is a major problem in the UK and has been for many years. Most subsidence problems are tree-related and the cost to the insurance sector runs into hundreds of millions of pounds a year. Subsidence damage ranges from minor cracking to significant structural damage and trees are sometimes viewed negatively because of their role in subsidence damage. There are over 150 million urban trees in Britain and a significant majority of these are legally protected by tree preservation orders or by virtue of the fact that they are in conservation areas. There has been simplistic and erroneous advice available for a number of years that is based on a false premise that pruning offers a means to control tree water use sufficiently to provide a remedy for tree-related subsidence. This paper presents a factual account of the biology involved in how trees use water, together with the results of recent research into the subject, that cogently dispose of the false premise that has dominated the subject since the 1970s. A simple ‘model tree’ is presented in the context of clay soils, climate, building guidelines, the housing stock and management options. Recent case law in this area is placed in the context of the legal framework surrounding the issue and the effect of tree removals on the nation's urban tree population is discussed.

REVIEWING TREE PRESERVATION ORDERS: IMPLICATIONS FOR LOCAL PLANNING AUTHORITIES

Summary Tree Preservation Orders (TPOs) have served to protect trees since their introduction in the Town and Country Planning Act 1947. Subsequent amendments to legislation has resulted in a variety of anomalies and discrepancies between TPOs. Hence, local planning authorities (LPAs) are advised to keep their TPOs under review (DETR, 2000). To investigate aspects of the TPO review process a series of questionnaires and interviews were conducted with LPAs, Central Government and the London Tree Officers Association (LTOA). Sixty one LPAs completed initial questionnaires of which 32 were reviewing TPOs and 29 were not. The main factors affecting current practice were the enforceability, workability and accuracy of existing TPOs. Staffing levels available to undertake a review were also a major factor. These factors also influenced the review procedure and timing of review, however, review was more likely to take place when Council Members were actively involved in the procedure. The consequences of not updating TPOs were to have fewer TPOs that were less accurate and less easily enforced. The potential to use Article 5 Certificates might be a disincentive to reviewing TPOs. Without government prioritisation, LPAs will determine their own priorities. Many LPAs are not resourcing TPO reviews and the lack of enforceability of many TPOs will leave trees unprotected.

Tree protection legislation in European cities

In this study, a survey on regulations and legal requirements concerning tree protection in European cities has been elaborated. It is designed as an information source for decision support in legal development, city planning and nature conservation. The survey is based on questionnaires on the one hand and on laws, ordinances and regulations on the other. Out of the 34 cities which were contacted or for which legal documents were found on the Internet, 25 (74%) have laws protecting trees in public and/or private areas. Against the background of rising ecological awareness, most of the laws were adopted from the 1970s onward. In most cases the protection of a tree is regulated by means of the circumference or the diameter of the stem, while sometimes the height of the tree is the criterion on which protection depends. In other cases, protection is granted if a tree is growing in a protected area or if the tree is submitted to a “Tree Preservation Order”. In all 25 cities the felling of protected trees is subjected to an official authorisation. In many laws interdictions concerning trees are listed. Most frequently, it is prohibited to cut down, to remove, to fell, to damage, to destroy, to modify, and to prune protected trees, and to enhance their decay. A law concerning tree protection seems to make sense, if it can be implemented in a non-bureaucratic, professional and efficient way, respecting the protection and conservation of nature. It should be structured simply and equitably, and its administration and implementation should be simple and efficient.

THE CARE OF TREES IN THE BUILT ENVIRONMENT

Summary A challenge is issued concerning our perceptions of trees. It is argued that the way we value trees is usually dependent on personal preferences within a cultural context. For the most part, trees are given no moral standing as individuals or parts of an ecological community. When they are—as in the case of veteran trees—this can lead to other difficulties. Bureaucratic measures—such as Planning Policy Guidances (PPGs), Tree Preservation Orders (TPOs), etc.— step aside from evaluating the significance of trees. Unlike personal preferences, value judgements about trees can be interrogated. It is suggested that all too often, we are not aware of what kinds of judgements we make about non-human Nature or how they were derived. An ensuing discussion from the 35th Arboricultural Association conference is reported on. A short post-script has been added thereafter. Finally, it is recommended that the Arboricultural Association convenes a group to discuss the value of trees.

TURNING FARMERS INTO FORESTERS VIA MARKET LIBERALISATION

Reform of the Common Agricultural Policy and public concern over the environment have brought woodland into the public eye as an environment‐friendly alternative land use in British agriculture. Survey evidence indicates that whilst it is the inadequacy of the returns from woodland that acts as the principal deterrent to planting, there are also a number of other factors that discourage woodland adoption. Of these, the perceived lack of flexibility that is associated with woodland figures highly. In part, loss of flexibility occurs due to the strength of controls such as felling licences and Tree Preservation Orders that restrict the conversion of woodland back to agricultural land. This paper develops a simple comparative static model of the way in which such restrictions impact on the allocation and price of woodland vis‐à‐vis agricultural land. Where felling controls are in operation they may reduce as well as preserve the area of woodland, and retard the efficacy of financial incentives. In this light, policymakers may do well to abolish felling restrictions on new woodland (possibly in conjunction with enhanced woodland incentives generally) if expansion of the wooded area is an explicit objective of future agricultural policy.

SUCCESSFUL PROSECUTIONS FOR INFRINGEMENTS OF TREE PRESERVATION ORDERS WITHIN SURREY HEATH BOROUGH COUNCIL, CAMBERLEY SURREY

Summary When a suspected infringement of the provisions of a Tree Preservation Order (TPO) is reported, it is imperative that a set procedure should be followed in the recording and collating of all information which may be required for possible legal proceedings. Two recent prosecutions of unauthorised work to trees subject to TPOs in the Borough of Surrey Heath are described in this paper and illustrate the importance of following a systematic documentation of all information on an agreed recording procedure.

A TREE PRESERVATION ORDER ENFORCEMENT SUCCESS

Summary In 1993, Hertsmere Borough Council successfully prosecuted a developer for the illegal felling of a walnut (Juglans regia) and the court imposed a fine totalling £14,500. This fine for the infringement of a Tree Preservation Order is believed to be the highest imposed for the removal of a single tree. Following a report in the technical press, local authority administrations expressed an interest. This paper records the procedures which followed the infringement of the Tree Preservation Order and which lead to a successful prosecution. It is hoped that local authority arboriculturists and planners will be able to benefit from this experience.

TREES AND THE LAW

Summary This paper aims to correct the perception by those whose main concerns are trees, arboriculture and forestry that the law is hostile and obstructive, by providing a general overview of the way in which the law impinges on trees. Even if the law still appears to be less helpful than it might, at least the rationale behind it may perhaps become slightly clearer. The particular topic of tree preservation orders has been, deliberately, dealt with only briefly. The aim has been instead to consider primarily the general provisions of the common law, which apply to all trees, rather than the special statutory provisions which apply only to some of them—although the latter will be mentioned in passing. Any comment on the law relating to those working with (and more particularly in) trees—such as the need to ensure their safety—has also been omitted since that is in principle merely a specific application of the health and safety code, and is not particular to trees.