Declares that the Petitioners believe that Hambleton District Council has not explained in detail how it came to its decision to remove five healthy birch trees from Thirsk Market Place; further that the trees were located in a conservation area; and further that the Petitioners believe that no public consultation was undertaken in relation to the removal of these trees.
The Petitioners therefore request that the House of Commons urge the Government to encourage Hambleton District Council to replace the five trees which were removed and further requests that the House urges the Government to call Hambleton District Council to account for its actions.
And the Petitioners remain, etc.—[Presented by Miss Anne McIntosh, Official Report, 16 June 2014; Vol. 582, c. 928.]
[P001358]
Observations from the Secretary of State for Communities and Local Government, received 11 July 2014:
Local councils are responsible for managing trees on land under their control.
The Town and Country Planning (Tree Preservation) (England) Regulations 2012 exempt local planning authorities from the requirement to give notice before trees in a conservation area are felled by them or on their behalf. The landowner has a duty to replace such trees if they are dead or present an immediate risk of serious harm. Authorities have powers to waive this duty. There is no statutory requirement for authorities to consult the public before felling or replacing trees on land under their control.
In addition, in exercising their planning functions, local planning authorities are required to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas.
Local councils are accountable to their electorates and the Secretary of State expects that Hambleton District Council will take note of the views of local people in respect of this matter.