Residents’ anger over tree surgery plan for protected Sycamores

THREE residents of Culcheth Hall Drive, Culcheth have complained to Warrington Borough Council chiefs over a decision to allow a tree surgeon to carry out work on protected trees in their gardens without even telling them.
They say they were never informed anyone had applied for permission to carry out the work on the trees at the rear of Culcheth Hall Farm Barns, in Withington Avenue – nor that permission had been granted.
Spokesman for the resident Frank Waring said: “In essence the council has given permission to a complete stranger to enter onto our land and commence work on our trees without our permission – even perhaps without our knowledge.
“A claim could then be made that the owner’s permission had been given, even though it may not have been, and it would then become one person’s word against another.”
Mr Waring said he was aware of a similar case at Glazebury where trees had, in fact, been felled without the owner’s permission.
The council gave the go-ahead for tree surgery work to be carried out on the protected trees, subject to a number of conditions.
One was that no work be carried out below eight metres from the ground, to retain the screening value of the trees.  Ivy could be removed from the base of the trees to allow more light to get through.
But Mr Waring said the ivy was a long-standing summer roosting place for bats, possibly even a breeding roost. Damage to a bat habitat was a criminal offence and, as a result, he had informed the police.
If the council was unaware of the bat roost it would be no defence because in law, ignorance was no excuse.
Mr Waring said he accepted the council were not under an obligation to inform the residents of a consent to carry out tree surgery, but most councils would do so as it was considered “best practice” by the Planning Inspectorate.
A borough council spokesman said: “We gave consent for the work to be carried out at the site. It is not a planning application so there is no legal requirement for the council to notify residents – although residents were aware the works were going to take place.
“Although we approved consent for work to the trees, such consent does not override the legal rights of landowners. If any works take place on private land the third party would need to get permission of the landowners and anyone seeking consent from the council for such work is made aware of this.
“It is an offence to deliberately disturb, damage or destroy a bat roost.  The fact that works to the trees have been approved would not remove the need to adhere to this piece of legislation.  Any breaches of the Wildlife & Countryside Act would be enforced by the police.”