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Planning, Arboriculture and the Law in the UK

One of our last formal lectures in the program was presented by Dr. Dealga O'Callaghan (above), leader of the Arboriculture program at Myerscough. Dr. O'Callaghan gave a superb overview of the regulatory system in the UK that influences much of the constructed landscape in this country. He was particularly adept at drawing enlightening comparisons between the UK and USA systems.

 

First, about Arboriculture at Myerscough:We were impressed to learn that Myerscough College has the only B.S. Honors and Graduate program in Arboriculture in the UK. Robert Bartlett, CEO of Bartlett Tree Company in the USA, said that Myerscough's program is one of the best in the world. Dr. O'Callaghan's presentation underscored this.

He went on to give us a valuable perspective: the UK is roughly the size of New York state (ca. 250,000 square kilometers); it contains 65 million inhabitants, 25 million houses, and 30 million cars... The Kingdom is mightily congested (as we can attest!). This high population density is one reason for the thorough regulatory system that controls the development of constructed landscapes.


Key components of the regulatory system are thus:
  • The overall philosophy is the common or greater good--as opposed to individual rights in the USA. This is a significant distinction between our countries, deeply rooted in the history of each and in the form of government: one a constitutional monarchy with subjects and a parliamentary system, the other a republic with citizens and a tripartite governing body.
  • The principles enshrined in the 1947 Town and Country act have been retained in later modifications (latest is 1990). Basically, these divide the land into 2 types: Green Belts where the presumption in any planning activity is in preservation and against development; and Brown Land, built up areas that can be further developed, recycled and modified.
  • The Town and Country Planning Act empowers local authorities (city, borough, county, etc.) to undertake detailed planning for the use of its land, and this planning must meet the principles laid out in the Act.

Dr. O'Callaghan focused on the arboricultural aspects of the Town and Country Planning Act and indicated that contained within the regulations were:

Tree Preservation Orders
Conservation Areas
Hedgerow Regulations
Other designated sites: Areas of Outstanding Natural Beauty, Sites with Special Scientific Interest, National Ancient Woodlands, etc.

The bottom line is that regulations are in place that make it a 'criminal offense' to, for example, manipulate trees by a utility company in a non-arboricultural manner. These utilities are required to provide essential services, but with 'due regard to the environment.' These regulations have teeth: noncompliance can mean fines of U$35,000!!


While Dr. O'Callaghan provided much more information, the take-home message for us has been that the UK has a highly advanced and sophisticated regulatory system that attempts to provide a framework for ordered development of the landscape and preserves as much of the countryside as possible, for future generations to enjoy. We were impressed that much of this system works in a non-adversarial way and includes careful consideration of the environment from the very beginning of any constructed landscape development project.
Planning, Arboriculture and the Law in the UK