Sarah Dodd, Tree Law

Sarah Dodd, the Tree Hugging Lawyer, discusses various legal aspects related to trees, including neighboring tree disputes, subsidence, and tree preservation orders. She explains the legal rights and responsibilities of tree owners and neighboring landowners, as well as the potential for civil litigation in cases of tree damage. Sarah also highlights the importance of proper investigations and alternative solutions to tree removal. She discusses the complexities of tree preservation orders and the role of local authorities in protecting trees. Overall, the conversation provides valuable insights into the legal considerations surrounding trees. The conversation explores the subjectivity of tree preservation orders (TPOs) and the challenges faced by planning authorities in enforcing them. It highlights the importance of reasonability assessments and the potential penalties for unauthorized work on protected trees. The conversation also touches on the role of biodiversity net gain in protecting trees from developers and the responsibilities of landowners under the Occupiers Liability Acts. The discussion concludes with a mention of the upcoming Tree Law Conference and the potential future legal rights of trees. http://www.treelaw.co.uk 

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Julian Forbes-Laird

In this conversation, Sharon and Julian discuss the concept of biodiversity net gain and its unintended consequences, particularly in relation to the classification of veteran trees. They highlight the discrepancy between the definition of veteran trees in the National Planning Policy Framework and the definition in the Biodiversity Gain Requirements Regulations. Julian explains that the regulations' definition includes trees with common features such as significant decay, large girth, and high value for nature, which dilutes the exceptional value that should be associated with veteran trees. This creates confusion and potential conflicts in the classification and protection of trees. The conversation explores the challenges and implications of the new regulations regarding veteran trees in the UK. The speakers discuss the confusion around the identification of veteran trees and the different perspectives of arboriculturists and ecologists. They highlight the potential consequences of over-categorizing trees as veterans and the impact on land use planning and development. They also discuss the issue of root protection areas and the unintended consequences of excessive constraints. The conversation concludes with a discussion on the need for a balanced approach to tree preservation and the importance of considering future land use and biodiversity.

For more episodes in the Tree Lady Talks Archive click here.