Several events have happened lately involving damaging and cutting of trees and bushes within Greenbank Woods East and through the field and Greenbank Woods West. So much so that it prompted us to investigate what the rights are and what recourse the land owners have.
What we discovered was very much in favour with land owners and surprised us all about the planning process.
The first event was the felling of a fairly significant group of trees at the west side entrance of the East Woods. Chopped down to their very roots. Trees that showed completely healthy trunks.
Then we had the cutting of paths through the field and the east and west paths by a vehicle and large mower. Shortly followed by the cutting back of all the bushes on the southern side of the east path, against the rear of the houses on Firrhill Drive.
Most recently there’s been the removal of branches and lowering of height of some trees behind Rattray Loan, and there are more planning applications for tree work across the East Woods path.
Added together there’s been a significant loss of healthy trees and bushes in the East woods and flora through the field. All of this prompted us to start investigating, first into the planning process, and second into what recourse we had for the vehicle going through the fields and cutting.
What was interesting is that the planning application process does not involve any step to contact the land owner, and when planning is granted it doesn’t mean that consent has been given by the owner for the work to continue. In fact, even though a planning application is approved, consent from the owners has to be obtained, otherwise the work carried out is illegal.
This comes from Ruthe Davies, MICFor MArborA BSc (Hons) LL.Dip, Arboricultural Officer for Householders & Trees, Planning and Building Standards, The City of Edinburgh Council:
“For tree work applications, owners are not contacted. It isn’t part of the statutory process to consult or notify owners in relation to tree work applications. Anyone can apply for works to any tree.
However, receiving consent to carry out tree works does not give the applicant any right to undertake the works if they are not the owner.
The applicant needs to obtain both planning consent and landowner consent before proceeding with the works.
If works have gone ahead to trees within your ownership without your consent, this may have been a criminal offence.”
So to be clear, even with the consent of a planning application it does not give anyone the legal right to carry out the work without the consent of the owner of the land or the trees on the land.
That final statement is very telling, “If works have gone ahead to trees within your ownership without your consent, this may have been a criminal offence”.