tree felling

Oldtree

crossbill wrote: »

I have tried and failed to answer my own question through research today. I still have no idea how many, IF ANY, TPOs there are in the Country. I have scoured the Clare coco development plan to no avail! Galway coco sai they have none and I rang some experts and they have no idea?
Is this the 3rd secret of Fatima?
Please, can anybody categorically point me toward any tree protected by a TPO?

Westport town development plan 2010-2016 map with TPO listed (notice the date of 1991):
http://www.mayococo.ie/en/Planning/DevelopmentPlansLocalAreaPlansandStrategies/TownCouncilandEnvironPlans/Westport/Document7,18108,en.pdf

interesting planning application in Westport:
http://www.mayococo.ie/PlanSearch/mcc4/PlanningViewer/displayafile.asp?la=1&filenum=081452

you can find other TPO's but they are sparce.
I hope that helps your in your quest.

Oldtree

I posted this before:

520 tree felled (by mistake by a developer) where the department did all they could taking the issue to court expecting a €63 fine per tree and replanting order for the site, but the judge only issued a replanting order for the site.
I wonder why?

http://www.friendsoftheirishenvironm...=view&id=11002

the developer has 17 planning application in Mayo since 1990, search here:

http://www.mayococo.ie/PlanSearch/mc...SelectPlan.asp

look at the GIS dataset map in backing docs for this withdrawn planning application in 2007, also includes an observation from the department, for the site involved in the court case:

http://www.mayococo.ie/PlanSearch/mc...num=07615&la=1

look at the GIS dataset map for this previous planning application in 2004,
which includes the lands in the 2007 application:

http://www.mayococo.ie/PlanSearch/mc...um=043664&la=1

the 2004 planning decision, dowloaded from the council website as a pdf file, for this application is below and look at reasons 30 and 31.

strangely this site remains unplanted:

https://maps.google.ie/maps?hl=en&ll=53.542953,-9.282825&spn=0.002279,0.004764&t=h&z=18

It is my understanding the developer was allowed to plant up another site instead, suit you sir???

try to find this on the internet:

From the Western People:
Wednesday, December 12, 2007

Error led to felling of 520 trees

A CONG man who illegal felled 520 trees near his home in South Mayo will have to report to the local District Court for a period of ten years.

Fergal O’Mahony, Old School, Cong, appeared at Ballinrobe District Court on charges under the Forestry Act. The court heard O’Mahony uprooted and cut down 520 trees, without a felling licence, at a site at Nymphsfield, Cong. The trees, which were at least 10 years old, were a mixture of ash, scotts pine, super spruce, oak and beech. Before cutting down the trees, O’Mahony had not served notice on the Gardaí and had later claimed the trees were on a site owned by him, where he intended to seek planning permission to build a new family home.

The court heard O’Mahony had not been aware he was committing an offence
by felling the trees, as he had checked to see if the site was deemed an area of conservation and learned that it was not. The defendant pleaded guilty to the charges before the court.

Mr Seamus Hughes, State Solicitor, said the penalty in such a case was a fine of €63 per tree. However, the Department of Agriculture was currently in negotiations with Mr O’Mahony, who had expressed his sincere apologies, explaining that he really had no idea he was doing anything wrong.

The defendant had offered to re-plant a section of the site, as well as offering another portion of land to replant some more trees, to make up for the loss.
Mr Hughes noted that the Department is interested in the landowner’s proposal, but pointed out that, legally, the Minister must obtain a conviction before issuing the re-planting order. Nevertheless, the solicitor commented that the Minister had indicated that he would like to see O’Mahony go ahead with the proposed planting.

Mr Creed, solicitor, stressed his client had not acted out of malevolence and had actually contacted Dúchas to make sure the site was not located in a special area of conservation. The defendant hired a contractor to remove trees and when the matter was brought to Mr O’Mahony’s attention he immediately put his hands up.

The solicitor said his client had entered into immediate discussions with the Department of Agriculture. Mr O’Mahony valued his good name, was involved in many community organisations and was embarrassed by what had occurred. Mr Creed said his client ran a thriving business which involved travel to the United States. A conviction against him might prevent him from travelling to the US in the future and he implored Judge Devins not to impose a conviction.

“My client is in open correspondence with the Department and has hired a horticulturist and a tree expert to re-plant the trees. This is a case of human error. He did not wilfully set out to break the law and he is prepared to pay any costs to the State. In the circumstances, I would ask the court to please consider some method of dealing with this case without imposing a conviction,” said Mr Creed.

Judge Mary Devins said she accepted the evidence given by the defence but the Department of Agriculture would need reassurance that if the trees were replanted they would not be cut down some time later.

In this regard, Judge Devins suggested that the matter be adjourned for a lengthy period and brought back before the court on an annual basis. She ordered that Mr O’Mahony contribute to the State’s legal costs and said that she would reassess the case on a year-to-year basis so that negotiations could be entered into and that the re-planting could be carried out. Concluding, she adjourned the case to December 2, 2008, for mention.

crossbill

Thanks Oldtree,
Thats very interesting and i note the planning appl to thin trees was withdrawn?
It is good to know that some councils actually make an effort in this regard.

crossbill

Sorry Oldtree, last reply sent to your previuos message! Just got yuor last one now, thanks again, il read it in detail over tea!:)

Oldtree

not really an effort on the councils behalf when the application is withdrawn, nonetheless Westport is a special case and they are very aware of the beauty of the place and the need to retain it as such.

Oldtree

crossbill wrote: »

Sorry Oldtree, last reply sent to your previuos message! Just got yuor last one now, thanks again, il read it in detail over tea!:)

Some info on Judge Mary Devins

http://www.sligotoday.ie/details.php?id=21347

crossbill

Oldtree wrote: »

Some info on Judge Mary Devins

http://www.sligotoday.ie/details.php?id=21347[/Quote



Mmm married to fianna fail td.....