A local campaign group is urging the Environment Minister to take action after a much-loved fig tree was cut down as part of redevelopment of the former Wayside café area.
The St. Brelade's Bay Association (SBBA) says the the fig tree, along with others on the Wayside car park site, had been listed as protected after an evaluation by the States Arboricultural Officer.
The Association says they have asked whether the felling was legal, as Planning Law requires any person granting planning permission to ensure "adequate provision" is made for the preservation and planting of trees.
While local planners said the planning permission granted on appeal by the former Minister for the Environment, Deputy Steve Luce, allowed the tree to be felled, the SBBA say they are enquiring into "the legality of this decision".
Pictured: The SBBA says the fig tree was protected.
"No evidence has been provided that an appropriately-qualified professional was asked to report on whether the approved landscape plan provided at least the same public amenity as the protected trees on the site that the developer has removed," they wrote in a Facebook post.
"Given the importance of trees as a contribution to the Bay’s landscape setting, we intend to ask for evidence of proper consideration of the same provision of the Planning Law in respect of other applications to develop sites in the Bay."
The Association has therefore asked the current Environment Minister, Deputy John Young, to review the decision-making process.
"As far as the SBBA is aware, no appropriately-qualified professional was asked to report on the adequacy of the landscape plan to provide at least the same public amenity as the protected trees on the site that the developer is being permitted to remove," the SBBA's Chairman, Moz Scott, said.
The Environment Minister said he was "satisfie" that the decision to fell the tree was part of the determination of a planning application, after contacting planning officers.
While the decision was "properly made, in accordance with current law and procedures," Deputy Young said he was proposing to change the law to strengthen the protection of trees.
Plans to redevelop the Wayside Café site were approved in April last year following a successful appeal from the developers.
It had originally been unanimously rejected by the Planning Committee but the then-Minister, Deputy Steve Luce, approved it upon recommendation from an independent planning inspector.
The plans include the demolition of the existing restaurant, to make room for a new one, along with a surf shop and luxury accommodation.
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