& 1987 storm 2018 3ATC 50th annual accreditation AFL AGM Agrilus Biguttatus aid air quality Alex Kirkley amenity Amenity Conference APPGHG apprentice apprenticeship Apprenticeships Approved Contractors ARB ARB Approved Contractor ARB Magazine ARB Show Arboriculture arborists Arbsafe ash dieback Assessments atf Australia award Barcham Trees Bartlett Tree Experts bats beyond ism biodiversity biosecurity Branches Brexit bs5837 business Call for papers CEnv chainsaw chalara Charles charter Charter for Trees chelsea Chelsea Flower Show Claus Mattheck climate climber climbing competiton conference Confor conifers conservation Consultant consultation Coroner Council Countryside Stewardship cross industry news Cryphonectria parasitica Cumbria DART Date for your diary death defra Design Devon disease document dothistroma EAC East Anglia ecology economy Ecotricity education Electricity England EPF Europe European Arboricultural Council exeter Exhibitors Fatality Fera flood flooding Forest Research forestry Forestry Commission forests FSC Fund4Trees funding fundraiser gardening government Green Brexit guidance guides Health Help Horse Chestnut horticulture HRH HRH Prince Charles HS2 HSE ICF International Urban Forestry Congress Irma ISA iso i-Tree IUFC Kew land-based Landscape Institute landscaping Lantra law Leaf Minor London LTOA Melbourne mentor Midlands NASA National Geographic National Tree Week News nominations Northern notification NTIS NTOA NTOC oak Oak-boring Beetle obituary Observatree opm Padua parks parliament Perennial petition Phytophthora planning Planning Law planting Plumpton College policy poll Prince Charles Prince of Wales Protect and Survive protection ramorum Registered Registered Consultant Report research response review RFS rhs rogue tree surgeons Safety Safety Bulletin Scotland Scottish Branch SDG Accord security seminars Share Sheffield Show SocEnv soils South East staff statement statutory strategy student survey Sweet Chestnut sweet chestnut blight TDAG Technical Officers tender Thames & Chiltern The Arboricultural Association The Woodland Trust TPO Trading Standards trailblazer training transport Tree Tree Council Tree Inspection tree loss tree management Tree Officer tree species Tree Surgeons Tree Week tree-felling trees Trees, People and the Built Environment trust' TrustMark UAG Uitlity UK favourite ukas UKWAS urban forest Urban Tree Cover urban trees VETcert veteran trees video Videos volunteer VTA Wales website Western woodland woodland trust woods young arborists

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of the Arboricultural Association.

Share this story

Proposed Changes to Planning Law in Wales - Including Trees

Last Updated:  01/02/2018

The Law Commission wants as many responses as possible by Thursday 1 March 2018.

Contact for responses:

We have been contacted by the Law Commission in relation to a project it is currently working on, relating to the reform of planning law in Wales. In short, from 2020 or thereabouts, planning legislation in Wales will consist of two Acts of the Assembly; in England there will still be around 30. That may sound not very interesting, but the consultation paper (a mind-numbing 500 pages) includes a chapter on works to protected trees. And the paper has been written by Charles Mynors, who knows a bit about the law on trees, so it may be reasonably sensible.

Charles has contacted the Association for its views, and for those of its members. He points out that the changes introduced by the Planning Act 2008 (in force in England since 2012) have not yet been brought into force in Wales; and that the exercise now being undertaken will be a good opportunity to do that.

But the consultation paper also includes a number of other changes, including: limiting the use of area orders; tightening up the dead, dying and dangerous exemption; removing altogether the nuisance exemption; introducing a new exemption for works to saplings; introducing a new procedure to apply for a certificate as to whether consent is required; enabling replacement trees to be planted at or near the site of the original; having a single offence of unauthorised works, rather than two; and simplifying procedure for trees in conservation areas.

If the suggested changes are introduced in Wales, there would be at least some chance that they might one day also be introduced in England, so it would be good to get them right.

Below are documents including the summary of the whole document, and the text of the trees chapter. Charles is happy to discuss any points of detail with anyone who wants; his email is

The Commission wants as many responses as possible by Thursday 1 March 2018.

Documents relating to the proposed changes

CP Cyfraith Cynllunio yng Nghymru 2017 (Welsh)

Edited and Finished CP Pubn - 15 - Protected trees (Welsh)

CP Summary final (Welsh)

Planning Law in Wales - pub version (English)

PLW - 15 - Works to protected trees (English)

CP Summary final (English)