The Planning Inspectorate has dismissed an appeal against a Tree Replacement Notice served by Thanet District Council in December 2020. This follows the removal of approximately 40 trees from an area of woodland in Park Avenue, Broadstairs by Parkstairs Ltd.
Following complaints from local residents, council officers carried out an investigation in March 2020, and found that two tree preservation orders were in place and that 11 of the felled trees were protected. It is a criminal offence to undertake unauthorised works to a protected tree.
Under Section 206 of the Town and Country Planning Act, if a protected tree is felled, the landowner has a duty to plant another tree of appropriate size and species. A Tree Replacement Notice was served on site owners Parkstairs Ltd, as negotiations to secure the replacement trees voluntarily failed.
Following the Planning Inspectorate’s decision to dismiss Parkstairs’ appeal, they are now required to plant 11 replacement trees on the site. The replanting must be carried out within the 2022/23 tree planting season.
Under the Town and Country Planning Act 1990, there is a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. Anyone found guilty in the Magistrates’ Court of an offence under section 210(4) is liable to a fine of up to £2,500.