Wednesday 02 October 2013
Media Enquiry from Juliet Pouteaux, Guernsey Press
I am following up on incident on Friday night, where a large tree branch landed on the home of Teresa Stoakes in Godaines Avenue.
I understand she has tried several times before to have the tree cut down over the last six years, but each time the department has said the tree is safe and it cannot be cut down - although it is not protected.
I am keen to have the department's response to this case, but also find out how the department can tell a property owner they cannot cut down a tree, even if it is not protected.
In general, how does the department deal with giving advice to homeowners about trees if they are protected - does the department proactively contact a homeowner about a tree needing care, or does the responsibility lie with the homeowner? Also, if that tree then sheds limbs or falls, causing damage to a property, who is liable for the damage?
Environment Department response:
The Department was approached in 2006 and confirmed that the tree was not dead or diseased, and therefore at that time could not be removed under the exemption for the removal of dead or diseased trees which existed under the previous planning Law. Under the 'old' planning Law trees could generally not be removed without planning permission if planning permission had previously been granted on the site concerned.
No application to remove the tree has ever been made.
The law changed in 2009 removing the old controls on trees and introduced the new scheme of tree protection. However, the tree is not protected under the current Planning Law, introduced in 2009. The tree can therefore be removed without the need for planning permission.
The Department has published advice regarding Protected Trees which is available on the States website.
ENDS
