Tree law is ‘a gross intrusion’ says Deputy Bailhache

The Lonely Tree of St Ouen. Picture: DAVID FERGUSON. (36789897)

A FORMER Bailiff’s claims that revised plans to protect trees are a “gross intrusion into individual freedom” have been dismissed an ‘alarmist nonsense’ by the Environment Minister, ahead of a States debate next week.

Writing in the JEP letters pages on Thursday 12 October, Deputy Philip Bailhache said that minister Deputy Jonathan Renouf should have rejected the proposed law, which he labelled “control-freakery”.

Following a vote by the previous States Assembly in 2022, Deputy Renouf brought forward initial proposals in March this year, but faced a backlash from landowners and tree surgeons that they were too restrictive and would risk routine maintenance coming under the reach of the law.

The minister conceded in April that his initial plans contained “deficiencies” and were “well wide of the mark”, resolving to return with fresh plans which were published last month.

The revised proposals included an increase in the diameter of an exempt tree from eight centimetres to 25cm, as well as providing for routine management, but these changes have failed to impress Deputy Bailhache.

Sir Philip Bailhache..Picture: DAVID FERGUSON. (36789920)

“It is a thoroughly bad amendment and represents a gross intrusion into individual freedom,” the former Bailiff and Attorney General said. “No one likes to see a mature tree felled unnecessarily but that is no reason to bring every sapling, hedge, and branch within the ambit of statutory control.”

The backbencher, who represents St Clement, said that he saw the move was liable to lead to an increase in “fruitless bureaucracy”.

Responding through a letter of his own, Deputy Renouf said it was “absolutely clear” that all work on trees with a diameter of less than 25cm could proceed without any need to engage with the Planning Department, and he rejected a further claim that a civil servant would have to approve the removal of a tree branch.

“These statements are alarmist nonsense,” he said. “Most work on trees, including virtually all routine maintenance, will proceed just as it always has.”

The minister said his proposals represented “a simple, proportionate way of managing the inevitable conflicts that will sometimes arise between private and public interest”.

A States debate is due to be held on 17 October about the draft legislation, which will come into force on 24 October if approved.

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