How does Section 35H of the Town and Country Planning Act protect the MGS tree?

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Section 35H of the Town and Country Planning Act Safeguards Trees with Specific Girths

Section 35H of the Town and Country Planning Act establishes a legal framework to protect trees by prohibiting their felling if they exceed a certain girth without prior written authorisation from the local planning authority. This provision was instrumental in halting the planned removal of the iconic rain tree at Ipoh’s Methodist Girls’ School (MGS), which has a girth exceeding the 0.8-metre threshold stipulated in the Act. The intervention by the Ipoh Timur Member of Parliament, Wong Kah Woh, initiated a dialogue with the Ipoh City Council, leading to immediate conservation measures for the tree.
Prohibition on Felling Large Trees Without Permission

The Act explicitly states that no individual or entity is permitted to cut down a tree with a girth measuring more than 0.8 metres unless they possess written consent from the designated local planning authority. The MGS rain tree, being a mature specimen with a substantial girth, falls directly under this protective clause. This legal safeguard is designed to prevent the arbitrary removal of significant trees within urban and rural landscapes, ensuring that such decisions are subject to official review and approval.
Intervention and Conservation Measures

Following representations from the MGS Old Girls’ Association, the Ipoh Timur MP engaged with officials from the Ipoh City Council, including representatives from landscaping, planning, engineering, and architecture departments. This engagement led to the City Council taking immediate steps to conserve the tree. As a direct consequence of this intervention and the application of Section 35H, the council has placed a notice on the tree and marked it with an orange line, signifying its protected status and intent to preserve it.
Context of the Tree's Significance

The planned felling of the MGS tree was reportedly part of the school's expansion plans. However, the tree holds significant historical and sentimental value for former students, being a physical symbol of the institution's century-long legacy. The MGS Old Girls’ Association had not been informed of the school's intentions and only became aware when images of the tree's branches being cut circulated online. The tree's importance was further underscored during the school's 120th anniversary celebration, where a replica was created, highlighting its deep connection to the school's history and identity.

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How does Section 35H of the Town and Country Planning Act protect the MGS tree?

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