Tree Preservation and Nature Reserves and the Law, from Lecture

101

TREE PRESERVATION, NATURE RESERVES AND T H E LAW. A

PRECIS OF M R .

T.

B.

OXENBURY'S

LECTURE.

S P E A K I N G first of the value of trees to man, M r . Oxenbury stated that about 6 per cent. of the total acreage of Suffolk is wooded.

This, though considerably more than the average, is not so much as in some counties. Very little tree planting has been undertaken except by the Forestry Commission and under scattered schemes on some large estates. Many farmers are beginning to take the view that felling has gone too far.

Tree-felling is controlled by the issue of felling licences by the Forestry Commission under the Act of 1951 and by the TreePreservation Orders made by the County Council under the T o w n and Country Planning Act of 1947. An Order requires confirmation by the Minister. T h e Commission may make the issue of a licence to feil conditional upon re-stocking and the maintenance of such trees for a period not exceeding ten years, in accordance with the practice of good forestry. Tree Preservation Orders may be made in the interest of amenity—" there must be adequate and manifest justification for the Order to such an extent as to be generally admitted." T o quote from the memorandum of the Minister : " In the case of individual trees or avenues often found in or near towns and villages, the importance of amenity may lie as much in the civic value as in the scenic value. Scattered trees in parkland, at roadsides, small Clusters of trees and woodland belts may be of importance because they are particular features of the landscape or because they serve as a screen or shelter belt or because they are close to highways, public footpaths, railways or rivers and are of special public interest. T h e value of amenity may lie in the intrinsic beauty of a woodland or be close to existing or proposed built-up areas, or be in an area not heavily wooded and be of particular scenic value.

Conspicuousness is an important element; if a woodland is neither open to public access nor visible to the public generally f r o m footpath, road, railway or river, it will rarely be possible to justify its inclusion in an Order."

T h e general effect of a Tree Preservation Order is to preclude felling, lopping or topping of trees without the consent of the County Council. It does not seek to control good forestry practice other than felling, lopping and topping.

Occasional examples of single trees or groups where preservation for a long period, far beyond maturity for timber purposes, may

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be justified are, for example, the old oak in a village street, an avenue in a town, a g r o u p of trees which servts as a shelter or screen. Examples in Suftolk are (i) T h e oak (believed to be 1,000 years old ; 34 ft. in girth at feet f r o m the ground) at N e w Beils Farm, Haughley ; (ÂŤ) A group of beeches at Black Tiles, Martlesham.

In the case of woodlands the trees should be regarded primarily as a timber crop, which must be felled f r o m time to time and replaced either by natural regeneration or replanting.

M r . Oxenbury displayed a large m a p showing the areas in the county where T r e e Preservation Orders applied and also showing the N a t u r e Reserves already proposed. H e distributed copies of a pamphlet, " N a t u r e Conservancy in Suffolk." T h i s lists the Reserved Areas and gives a brief S t a t e m e n t of the reasons for preservation in each case. Other areas may be added later lf scientific, historic or recreational value can be shown or for reasons of special beauty.

M r . Oxenbury went on to discuss the Gower Report of 1945 and the Reports of the National Parks Committee, 1947, and the Wild Life Conservation Special Committee, 1947, and the Act of 1949 which gives power to bring the recommendations of the second a n d third Reports into being (a) to make provision for National Parks ; (b) to confer on the N a t u r e Conservancy and local authorities powers for the establishment and maintenance of N a t u r e Reserves ; (r) to confer further powers for preserving and enhancing. " While the object of making a National N a t u r e Reserve is primarily scientific, though the Reserve may have other uses the case for conservation rests at least equally on grounds of ' amenity ' in the widest sense." T h e Suffolk Coast and Heaths (128 Square miles) and the Breck Heaths (240 Square nules) are cases in point.

U n d e r the Act " N a t u r e Reserve " means land managed for the purpose (a) of providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live and for the study of geological and physiographical features of special interest in the area ; and (b) of preserving the same.

T h e main conception is to preserve and maintain as part of the nation's natural heritage places which can be regarded as reserves for the main types of Community and kinds of wild plants and animals, both common and rare, typical and unusual, as well as places which contain physical features of special or outstanding interest.

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Section 23 of the Act provides that it shall be the duty of the Conservancy to notify to the local planning authoritv any area of land that in their opinion is of special interest by reason of its flora, fauna, geological or physiological features.

Section 21 provides that the County Council may («') provide Nature Reserves ; (ii) enter into agreement with any owner or occupier of land for securing that it shall be managed as a Nature Reserve—any agreement may impose restric.tions of rights over the land and may provide for payment of compensation by the C.C. ; (iii) make bye-laws for the protection of the Reserve, as given to the Nature Conservancy to (a) prohibit or restrict entry into or movement within a Nature Reserve ; (b) prohibit the "killing, taking, molesting or disturbance of living creatures ; taking, destruction or disturbance of eggs ; taking or interfering with Vegetation, or doing anything which will interfere with the soil or damage any object in the Reserve ; (c) prohibit or restrict (i) shooting of birds, (ii) depositing of rubbish, (/z'j)lightingoffires.

WEATHER, SEPTEMBER 1952—MARCH 1953 SEPTEMBER. This was the coldest September for 40 years with a mean temperature nearly 44° below the average 1902-41.

Rain feil on eleven of the first twelve days. Rather better weather though with cold N.E. winds prevailed round the middle of the month. Düring the last week there were three moderate to heavy falls of rain. T h e total for the month was 2.70 inches and the average 1902-41 is 1.82. T h e maximum temperature was 72° on the Ist and the minimum 35° on the 19th. Frosts occurred on the grass on five nights, which is unparalleled in the available records extending back to 1902. T h e sun record was on the low side but not outstandingly low.

October. Again in this month low temperature was a noticeable feature of the weather ; in fact it was the coldest October since 1939. It was not particularly wet, as this month frequently can be, the total was 1.73 inches. This fall was fairly distributed over the month. T h e best weather occurred from the 4th to 1 Ith and with a few nice days round the 16th. Sunshine was close to the normal. T h e maximum temperature was 60° on the 23rd and 24th and the minimum was 33° on the 12th and 15th. There were grass frosts on eight nights.