No prosecutions over protected tree breaches, report finds

Felling or pruning a protected tree could result in a fine of up to £100,000

There have been no prosecutions for breaches of a tree preservation order (TPO) in Northern Ireland, despite more than 300 reports in three years.

The Public Services Ombudsman had led a review after concerns were raised about the protection of trees in the planning system.

A TPO is made to protect selected trees or woodland if their removal impacts its environment or public enjoyment.

Ombudsman Margaret Kelly found just one report resulted in enforcement action.

Breaching a TPO could lead to a fine of up to £100,000 or an unlimited amount.

If a tree is protected, a council's consent is needed before it can be felled or pruned.

Recommendations made

As part of the review, all councils in Northern Ireland, as well as the Department for Infrastructure (DfI) were asked how they ensure trees are protected in the planning system.

The ombudsman found that councils and the department should work more closely together.

She also recommended that information about the location of protected trees should be more easily accessible.

Overall, 26 recommendations were made in areas including policy and procedure, how tree preservation orders are recorded and enforcement strategies.

Ombudsman Margaret Kelly said more cooperation between councils and Deara is needed over tree protection

The report, entitled Strengthening our roots: Tree protection in the planning system in Northern Ireland, covered the years 2019 to 2022.

The ombudsman found no council has processes in place for notifying local residents of pending applications for works to protected trees.

Ms Kelly said she believes it is an issue the public are invested in.

"But to really enable them to protect trees and to help us protect trees, then councils and the department need to do a lot more in terms of providing information and making that very accessible," she added.

She was also concerned that if enforcement was perceived as not being taken seriously, public confidence in the planning system risks being undermined.

'Worrying' findings

Northern Ireland has just 8.7% woodland cover.

Paul Armstrong from the Woodland Trust said the report's findings were worrying.

"Trees in Northern Ireland don't have a great deal of protection," he told BBC News NI.

"TPOs are one of the few protections that are available, and yet we see councils and the department not making full use of those protections."

Mr Armstrong added that Northern Ireland has the lowest tree and woodland cover in Europe.

"So it's really important that we plant more trees, but it's vitally important we protect the trees we already have."