Plans to regulate tree-felling axed

Wednesday 17 January 2024

Landowners will not need to seek planning permission for felling trees on their land after a backbencher delivered a sweeping blow to the wounded Council of Ministers, wiping out almost a year of work.

Deputy Sir Philip Bailhache's much-delayed proposition was accepted, with 29 votes for and 18 votes against.

The backbencher and former Bailiff successfully proposed to repeal the relevant part of the Planning and Building (Amendment No. 8) law, allowing landowners to remain free to carry out work on trees without needing planning permission.

The law was passed in principle by the previous States Assembly, with Environment Minister Jonathan Renouf inheriting it when he became minister following last year's general election.

Deputy Renouf had already promised to roll back a set of revised proposals to the law which were met with a storm of protest from landowners and tree surgeons last year, but pledged to continue work even after the destruction of Storm Ciarán.

Pictured: Deputy Sir Philip Bailhache, a former Bailiff who now sits on the backbenches.

But Deputy Bailhache was hoping to remove the principle altogether.

In his opening arguments, he said: "This might appear, after the drama of yesterday, to be a minor matter, but it embodies a significant principle: that the people in Jersey should be free to do what they would wish to do unless it is necessary in the interests of the community that that freedom should be curtailed.

"All civilised people care about trees. The questions are about how you protect them, and which you should protect. The answer to the question, according to the Minister, is all trees. It provides that no work on any tree be done without planning permission."

Deputy Bailhache argued that a more appropriate way to protect trees would be through listing them as protected, but that process was currently "woefully inadequate" and needed improvement.

"It is an unnecessary intrusion of the freedom of our fellow Islanders, and there is no evidence of a problem which cannot be addressed through our existing law," he concluded.

Deputy Bailhache gained the support from several Constables and backbenchers, however members of Reform Jersey and current Environment Minister Jonathan Renouf said that the amendment was necessary to give the Assembly options on how to regulate trees.

Deputy Renouf recognised he was in the "slightly strange position" of responding as minister even though he might not be the minister when this work is carried forward, leading to some complicated turns of phrase.

He added: "Listing cannot capture all the eventualities, and it would be a Draconian response to spread the listing of trees too far."

Deputy Rob Ward said that the acceptance of the proposition was a "huge error" and had given developers a "carte blanche" and "unfettered access to cut down trees".

Pictured top: the ongoing work had been heavily criticised following Storm Ciaran.