Homeowner objects to preservation order for 100-year-old elm

laurencekirk: Man claims roots are damaging his property after member of the public sought order

A Mearns homeowner has objected to plans to slap a protection order on a mature tree which is damaging his property.

Two elm trees to the north of Bisset Lane in Laurencekirk are estimated to be well over 100 years old and could typically live for up to 300 years.

The order was made after a request from a member of the public concerned that recent changes in ownership may have an impact on the long-term retention of the trees.

Mark Wojciechowski is the owner of one of the trees and has objected to the request for protected status being granted.

He said the tree dominates his property and its current status is unworthy of protection due to damage to adjoining structures.

The root growth of both trees has undermined previous boundary walls and outbuildings of which only the brickwork ground courses remain.

In a letter of objection, Mr

HOMEOWNER MARK WOJCIECHOWSKI

Wojciechowski said: “The tree canopy dominates my garden and prevents growth of other species in the garden.

“I have no plans for developing this garden ground other than to regain control over it to provide a pleasant garden area.

“Consequently I am deeply upset over the imposition of this TPO without due justification or any other prior discussion with myself.

“I actually very much like the trees and value them but feel that to have a burden applied in perpetuity to my property is not very equitable.

“These trees are located in a small rear private garden and are not in an open publicly accessible area.

“These trees fully dominated my property and have the potential to cause further damage and I disagree on the use of a TPO in this instance.”

Mr Wojciechowski said he does not want to remove the tree but does want to trim back lower limbs which foul the garden space to almost ground level.

Aberdeenshire Council’s director of infrastructure services Stephen Archer said: “Although there does not appear to be any immediate or significant threat to the trees, confirmation of the TPO will ensure that their value and contribution to the amenity and character of the town will be properly taken into account should any works or proposals be forthcoming.”

Kincardine and Mearns Area Committee will discuss the matter this week but the tree preservation order has been recommended for approval.

I am deeply upset over the imposition of this TPO without due justification or any other prior discussion with myself.

The trees are located in a small rear private garden on Bisset Lane.