Ancient Trees: Protections

Baroness McIntosh of Hudnall Excerpts

Thursday 24th April 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

The noble Lord makes some good points. The issue here is that Toby Carvery said that the tree needed to be felled because it was already dead and posed health and safety concerns. The matter was then referred to the police by Enfield Council, which was clearly concerned by what had happened, and to the Forestry Commission. The Metropolitan Police closed its inquiry because it said it was a civil matter; because of that, the Forestry Commission is now carrying out the investigation into exactly what happened and whether the tree was dead or not. It looks like a very heavily pollarded tree at the moment; the question of whether it is dead is for us to consider further.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, like the noble Baroness, Lady Tyler, I know this tree; it is quite near to where I live. As was pointed out by the noble Lord, Lord Blencathra, there appears to have been no criminality or even any serious criminal intent in this case, because there was a failure to understand the significance of this tree. So in what way can those significances be better publicised and made clear to people? Perhaps more importantly, given that trees are sometimes wrongly felled as part of an intention to clear a site—for a development, for example, when the sanctions are often regarded as a cost of doing business—are the sanctions against people who wilfully damage trees that are or should be protected strong enough to act as a deterrent?

[Baroness Hayman of Ullock (Lab)]

My noble friend makes some extremely good points. The new National Planning Policy Framework recognises ancient and veteran trees as irreplaceable habitats and makes it clear that any planning decisions should not result in their deterioration or loss, so it is good that we now have that in the NPPF. As I mentioned earlier, we are considering the report by the Tree Council in order to look at how we can improve protections for such trees, and I am sure that sanctions will be part of what we are considering. Ancient trees—because you cannot just plant another tree and recreate that habitat—need special attention.