A company that ignored Bury Council’s warning to stop excavating near
protected trees has been ordered to pay £19,000 for wilfully damaging them.

At a hearing at Bury Magistrates court earlier this month Thomas Barnes PLC
pleaded guilty to two offences contravening the town and country planning
act while working on the site of the former Thorndyke House, Bury New Road,
Preswich.

Magistrates heard that in October 2002 a tree preservation order was issued
by Bury Council in respect of nine trees at the site in Prestwich.

Nearly two years later in April 2004 landscaping plans were submitted as
part of a development of 10 flats on the grounds.

Bury council’s landscape architect Michael Dowd was concerned that a
proposed wall and pathway could damage some of the protected tress’ roots
and he contacted the developers. They then submitted revised planes, which
were approved by the council.

The officers took evidential photographs and warned the site manager
regarding the condition of the trees, that the area must not be excavated
any further and that areas should be re-instated rapidly and adequate tree
protection measures put in place immediately.

Examination found that the damage caused rendered both trees beyond saving
as living specimens and the weight of the structure could not be supported
by what remained of the roots and could collapse with serious health and
safety consequences. Following correspondence between the council and
representatives of the company, proceedings were started.

The magistrates decided that the most serious aspect of the case was that
the company continued with excavation work despite the council’s warning in
October 2005 that it was causing damage to the trees, and told to reinstate
the ground.

They took into account the previous good record of the company and fined the
company £8000 on each offence giving a total fine of £16, 000 with legal and
investigation costs of £3000. The grand total was £19 000 to be paid within
28 days. The company have the option of appealing against this decision
within 21 days.

Bury Council continue to pursue the company to arrange for replacement trees
to be put in place.

Councillor Ann Garner said “It is imperative that the company replace these trees as soon as possible, the protection of our environment is more important than developers profits”

Residents who live alongside the Metrolink line need to be aware that the contractors currently working on renewing the track have informed the Council that some limited work may be needed during the night. Your local councillors have protested against this proposal, and we have received assurances that no heavy cutting or noisy work will take place. 

Residents should only have to endure some noise for one night in the majority of cases, but on occasion there will be areas which are inconvenienced for two nights. Please contact one of your councillors if work is disturbing you during the night and we will report this immediately to the relevant authorities.

The proposed areas and dates for night working are given below:

Thursday 16^th August – Prestwich to Heaton Park

Friday 17th August  –  Heaton Park to Bowker Vale

Saturday 18^th August – Bowker Vale

Thursday 23rd August  –  Prestwich to Heaton Park  

Friday 24^th August – Heaton Park to Bowker Vale

Saturday 25^th August – Bowker Vale to Queens Road

Wednesday 29^th August – Bowker Vale to Crumpsall

The work will take place in the above mentioned locations between the hours of 10pm and 10am each night and every effort will be made to keep un-necessary noise down to a minimum.  For more details about the track upgrades programme, please phone 0161 228 7811 or visit www.gmpte.com.  Alternatively call Carillion Control on 01788 866 080.