House owner fined $6,000 for cutting down 3 trees

Jamie Ee Wen Wei, Sunday Times 5 Jul 09;

When Mr Foo Suan Pin got a contractor to chop down three fruit trees in his garden in the Holland Road area in September 2007, it did not occur to him that he was committing a crime.

But in February this year, he was slapped with a $6,000 fine after he submitted a plan to the authorities for approval of construction works to his house.

The reason? He had removed trees in a tree conservation area.

'I decided to cut the trees because they looked sickly and were infested with red ants, and the leaves were clogging up the gutters,' Mr Foo, 52, told The Sunday Times.

'Before this, I had not even heard of a tree conservation area. I thought I could remove the trees because they were in my own private property.'

Under the Parks and Trees Act, you can't fell any tree with a girth exceeding 1m growing on any land within a designated tree conservation area, or on any vacant land, except with the approval of the National Parks Board (NParks).

There are two designated tree conservation areas in Singapore. One covers the Tanglin-Bukit

Timah-Pasir Panjang area and the other is in Changi. They were chosen because of the large number of clusters of mature trees and wooded areas there.

Offenders pay a composition fine of $2,000 to NParks but can also be fined up to $50,000 if charged in court.

Singapore also has what are known as heritage trees - mature trees within and outside the tree conservation areas - that are protected by law. These trees are noted for their historical value and contribution to Singapore's landscape.

In Mr Foo's case, the authorities stepped in after they found that a land survey report of the property done in April 2007 had mentioned the trees, whereas Mr Foo's new plan did not.

He is apparently not the only one who is clueless about the scheme.

The Sunday Times interviewed 12 residents of the two areas and all said they did not know that trees there were protected.

Housewife Lily Lean, 63, who lives in a semi-detached house off Farrer Road, said: 'I had no idea that my house was in a tree conservation area, but I've never thought about cutting down my tree.'

She has an olive tree that is six years old and more than 1m in girth.

She is all for the law.

'It takes years for a tree to grow, but only minutes to cut it down. I think Singaporeans need to learn that trees have life-giving qualities,' she said.

NParks said there have been 40 trees felled without approval since 2005.

A total of 37 people have been issued with a composition fine of $2,000 for each tree felled. Seven of them removed more than one tree.

Last month, a property owner and contractor landed in court and were fined $25,000 each for cutting a 21m-tall tembusu tree in the Bishopsgate area in Tanglin. This happened in February.

It was the first case to be taken to court since 2003.

NParks decided on this course of action because the owner had blatantly disregarded its notice to retain the tree, it said.

An NParks officer examined the tree in November last year and found it to be stable and healthy.

Although instructions were given to the owner to retain the tree, he told the contractor to cut it down.

In Mr Foo's case, he said he was misled by his contractor, who was recommended to his mother by NParks when a tree fell in her property. The contractor had said it was okay to chop it.

'If he did not know the regulations, then how was I expected to know?'

The two mango trees and one rambutan tree had girths of between 1.2m and 2.8m.

Mr Foo said they were already there when he bought the house.

The Sunday Times understands that the contractor was also fined.

Mr Foo sought help from Holland-Bukit Timah MP Christopher De Souza, who wrote a letter of appeal on his behalf.

'I lost my job as an IT consultant in May last year. I was hoping the fine would be lowered. I even offered to plant three fruit trees back to replace those that were felled,' he said. He is still unemployed and looking for a job.

In the end, he decided to pay the fine to avoid going to court.

While the chapter is now closed, what bugs him is that no one had informed him of the legislation when he bought the property in 2007.

'I think the Government should do more than enforce the law. They should have more public education on this,' he said.

'If they knew I had bought a property in a tree conservation area, they could have sent me a notice to remind me not to remove trees within the property.'

In response, Mr Simon Longman, director of streetscape from NParks, said that land owners or developers are required to engage a registered architect or engineer in any development project, and they would be aware of the tree conservation provisions in the Parks and Trees Act.

He said that the tree conservation areas have also been widely publicised, in particular in 2003 when property developer DTZ Debenham Tie Leung felled a 150-year-old Hopea Sangal tree without permission.

Information on the areas is also available on government websites.

Dr Shawn Lum, president of the Nature Society, said that while one could always argue that more can be done to increase awareness about policies, it is also up to the individual to know what is happening in the community.

'If people just don't pay attention or are apathetic, then no amount of education can help.'

Meanwhile, Mr Foo is looking forward to moving into his $2.5 million Holland Road home at the end of this month.

Despite being poorer by $6,000 because of the trees, he intends to plant some in his garden. He is considering jackfruit or palm trees.

'As long as you keep them in good condition, they won't be a problem,' he said.

Additional reporting by Lisabel Ting

Before you chop down a tree...
Sunday Times 5 Jul 09;

1 Do I need to seek NParks' approval if I want to remove a tree in my garden?

Approval from the National Parks Board (NParks) is needed only if the tree is within one of the two tree conservation areas, or has been deemed a heritage tree. You can call NParks' helpline on 1800-4717300. If necessary, officers will pay you a visit to inspect the trees.

2 Do private developers need to seek NParks' approval to remove trees if they wish to develop a plot of land?

Only if the land is within a tree conservation area or has heritage trees.

Private developers must engage a registered architect or professional engineer to submit their proposed layout plans to NParks. These would include the number of trees, tree species, girth and height. The trees to be removed are required to be marked on the plans for NParks' approval.

3 Does NParks conduct tree pruning or tree removal services for private homes?

No. Residents can get an arborist to do this. A list of aborists certified by the International Society of Arboriculture can be found at http://www.cuge.com.sg/Listing-of-Certified-Arborists

SOURCE: NPARKS

Remind home owners of rule banning tree felling
Straits Times Forum 6 Jul 09;

I REFER to yesterday's report, 'House owner fined $6,000 for cutting down 3 trees'. If trees are diseased and are of a common species, such as mango or rambutan, it is unjust to fine a home owner for felling them, especially as his contractor had reassured him that it was okay to do so.

The National Parks Board should be more sympathetic to the home owner's case.

The authorities should remind home owners of the rule prohibiting tree felling, when property transactions involving designated tree conservation areas take place.

Patrick Low

Felling trees: Where's the rationale?
Straits Times Forum 9 Jul 09;

I REFER to the National Parks Board (NParks) Forum Online reply last Thursday, 'Felling of trees in conservation area is an offence, even on one's own property'. The last large cluster of trees above Orchard MRT station and in the open carpark beside Somerset MRT station have been felled and shopping centres and offices are taking their place.

A contradiction is the stiff $6,000 fine NParks slapped on Mr Foo Suan Pin in February when he felled trees in his garden two years ago, not realising it was illegal as his property was within a tree conservation zone ('House owner fined $6,000 for cutting down 3 trees', Sunday).

On the other hand, at least two huge trees still stand smack in the centre of the pavement on Mount Elizabeth Road outside York Hotel, forcing pedestrians to step onto the road to bypass them. The stretch of pavement, like the rest along this road, had the two ends modified to allow access to wheelchair-bound individuals, who now have to be helped onto the road and back up again.

I questioned the wisdom of planting them in the middle of a narrow pavement and the then Public Works Department (PWD) replied that the trees would provide shade when fully grown. I also pointed out that the width of the pavement was not quite the 'five-foot way', as I referred to the pavement. If only the PWD had the same foresight then.

Perhaps the penalty for felling a tree or two in one's garden should not be so draconian, especially when the guilty ones are genuinely unaware they are within a tree conservation area.

Denis Distant

Trees felled only as a last resort
Straits Times Forum 14 Jul 09;

I REFER to last Thursday's letter, 'Felling trees, where's the rationale?', and thank Mr Denis Distant for his feedback.

Tree conservation is not an easy task in highly urbanised and land-scarce Singapore. When deciding whether to grant approval to fell trees, the National Parks Board (NParks) has to balance between the need for development and conserving old trees. Where approvals are granted, it is after we have given the matter due consideration and exhausted every means to find solutions to retain the trees.

The fact that Orchard Road continues to be lined with mature trees is the result of this painstaking process to look for alternatives with developers to retain trees.

The alternative would be a free-for-all situation where trees can be felled without any rule, regulation or enforcement. For Singapore to keep its Garden City ambience, this is obviously a non-starter. Conservation of trees requires commitment and understanding from everyone.

Simon Longman
Director, Streetscape
National Parks Board