FROM studying the publicly available documents associated with the Fulford copper beech trees, the following facts emerge.

The January 2003 survey of all trees in the grounds by local tree surgeons identified seven trees for removal, over ten years, starting with the two beech trees.

The report states previous surgery work had reduced the risk from these trees, but a risk remained and recommended removal and replacement with semi-mature trees. This prompted the council to place preservation orders on all the trees.

Following an application to fell the beeches, an independent report was commissioned by the council. This concluded that both trees had "a safe useful life expectancy in excess of 50 years" and had "no signs of any major structural problems". This was evidently not what the owners wanted to hear.

Following this report, in May 2004 Cliff Carruthers, working for the Royal Masonic Benevolent Institution's planning consultants O'Neill Associates, who have since submitted the outline planning application to develop the site, is reported to have "requested a second opinion and further tests on the said trees".

It was this tree report that provided the evidence on which their felling was approved.

Under the council's planning rules, any application submitted by or on behalf of an existing council employee or one who has left in the four years prior to the application must be referred to committee for a decision.

Until December Cliff Carruthers was the head of development control at City of York Council. His involvement in the application was known to the council officers.

The application should have been referred to the planning committee and not approved under delegated powers.

The process would then have been seen to be fair and objectors would have been given the opportunity to state their case in person at a public meeting.

Coun Andy D'Agorne,

Green Party,

Broadway West,

York.

Updated: 09:29 Tuesday, October 12, 2004