A land owner has criticised the DPA for being “over-bearing” after he was issued with a Tree Protection Order when 15 “poor quality” poplars were accidentally damaged on his land.
Simon Holland owns land near L’islet, adjacent to a development site where his business is building new houses.
Earlier this week the Development and Planning Authority issued the Tree Protection Order with the Committee President warning more might come to protect against “developer adventures”, but in this case, the land and business owner responsible insists that the damaged caused was “nothing more than an accident”.
Mr Holland said the issue could have been resolved with a phone call, and that his business, Hillstone, had already intended to replace the trees with a native species.
He told Express that a report, known to the DPA, had found the existing trees had suffered extensive and crucial damage from recent storms and pathogen infestations.
“We’ve got to protect Guernsey’s trees, green spaces and biodiversity”
Guernsey’ Development and Planning Authority served the emergency Tree Protection Order on Mr Holland earlier this week after it had received reports of significant root damage caused.
The TPO means it is now a criminal offence to ‘cut down, uproot, or wilfully destroy these trees without planning permission’, likewise for pruning, lopping, or topping branches.
The law also states that owners are not allowed to damage or compact the tree’s root systems.
DPA President Deputy Neil Inder said “we’ve got to protect Guernsey’s trees, green spaces and biodiversity”.
“As part of the Focussed Review of the Island Development Plan, the developer of the site was made aware around eight weeks ago that the stand of poplars was likely to be subject to a Protection Order when the policy letter came to the States in the autumn.”
Deputy Inder said his staff worked quickly, from receiving information about the trees being damaged to issuing the protection order.
“I was sent photos of the damage to the tree roots at 8pm on Monday evening, and the Planning Service has put this Tree Protection Order in place less than 24 hours later.
“The damage to the root base of the identified stand was significant, a track machine had scraped the base of some of the trees exposing the roots and destroying others.
“Damaged in spring, as the trees were coming into leaf would have a detrimental effect on this stand of poplar.”
Deputy Inder said he was grateful to the person who sounded the alarm, and emphasised the importance of protecting Guernsey’s trees.
“The Authority is extremely grateful to the member of public who notified the Authority and in equal measure disappointed by the activities of the developer.
“We lost some 2,000 trees in Storm Goretti and many in Storm Ciaran. Our trees deserve better, and I know I speak for the majority of islanders who find this activity disappointing, if not cynical.”
The DPA President said he intends to look into the situation deeper to ensure there isn’t a repeat offence.
“Having reviewed the Guidance on Tree Protection, although effective in this instance, I’m not convinced that it is strong enough to protect against developer adventures,” he said.
“Our Authority will focus on this matter and work with our charitable partners to ensure this nonsense doesn’t happen again.”
“The DPA has acted first and asked questions later”
Speaking to Express, Mr Holland claimed the damage “was an accidental consequence” and that a staff member who has now been reprimanded had thought “he was doing the right thing”.
He says that a previous report, which the DPA is aware of, had found that the trees were not long for this world anyway.
“The land in question is owned by me personally,” said Mr Holland. It’s not a development site. It’s simply a field. The DPA has been supplied with a comprehensive tree report, confirming the poor quality of the trees in question.
“The report confirms without intervention by the landowner the trees will likely not survive the next five years.”
Express has seen a copy of the report from January this year, which indicates the trees had already been damaged by storm events and pathogen infestations, with the independent consultant saying “the retention of the trees in their current or unmanaged form is not reasonable, appropriate or sustainable”.
The report also claims the trees are only suitable for a “minor visual role” and that “their contribution to biodiversity is limited”.
Mr Holland, a commercial developer with many years experience, told Express: “I plant hundreds of trees a year. This is nothing more than an accident. This could have been easily resolved with a conversation. Less cost, less admin and a better outcome.”
He says the issue was one that had been previously discussed, but that the States have had an “over-bearing reaction” and that he was easily accessible.
“I have previously discussed the removal of all the poor quality trees from that hedgerow and the replanting of native species to improve the long term biodiversity benefits. However to achieve this, I now need to appeal a TPO order and submit a planning application.
“I don’t mind spending money on planting new trees and shrubs but I don’t like burning money on needless admin. Created by an over bearing reaction from the States of Guernsey.”
Mr Holland argued that the DPA could have instead investigated and spoken to him before issuing the TPO.
“I would propose that a more effective and less costly way for the DPA to deal with a situation of this nature would be to pick up the phone and invite me in for a meeting to discuss the situation.
“If this was a criminal act, the police would have to investigate before pressing charges. The DPA has acted first and asked questions later. They have taken a cavalier approach with tax payers money.
“There was no further risk. The staff member had already been reprimanded for his actions and educated to prevent it happening again.”
He added: “I am not unknown to the DPA. I attended by invitation almost every day of the IDP (Island Development Plan) review hearing.
“They had and have easy access to me personally. Yet the first I know of the TPO is an email confirming its implementation.”
