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A DEVELOPER responsible for cutting down a historic tree in Monmouth has been formally told to plant a new one at a cost of more than £10,000.
Monmouthshire county council has served Essex builders Galliard Homes Ltd with a tree replacement notice ordering them to plant a new mature tree at their development behind Somerfield Supermarket and Nailers Lane.
The developer is responsible for felling an ancient ash tree which was meant to be centrepiece of the exclusive new Riverside Walk development.
The tree, planted during the reign of Queen Victoria and within a conservation area, was chopped down despite a planning condition to preserve it.
Monmouthshire council say Galliard Homes Ltd cut down the tree without giving them prior written notice, as required by law.
George Weston, Monmouthshire council's tree officer, said: "Galliard had mistakenly assumed that their proposal to fell the tree along with other proposed ground works had been agreed by the county council as part of the overall scheme."
Galliard will now be required to plant a 'supersize' oak tree as a replacement.
Trees and this size are only available from specialist tree suppliers and can cost upwards of £10,000.
Nick Tucker-Brown, a spokesman for Galliard Homes, said: "When we signed the agreement to take down the tree and put up a new one, we should have signed a separate form. We should have served a section 123 notice to say that we would be doing this."
A group of local residents who are furious with the developer for cutting down the ash tree last week formed a picket line outside the development and demanded a prosecution for the tree felling.
Galliard Homes Ltd was holding a special open day to show prospective buyers their exclusive new homes and apartments.
The developer has agreed to plant a Quercus Robus, or mature oak tree, which must be 80 to 100 metres in girth and 10 to 12 metres high, as designated in the Civic Tree Catalogue as 'supersize'.
Mr Tucker-Brown added: "In the order they have given us 12 months to plant it. We are going to plant it in the autumn so it will be done before it needs to be.
"We have agreed with what the planners have wanted us to do. There is no question of a prosecution because no body has done anything wrong.
"We had consent to take the tree down and to replace it with another tree and the order we signed with Monmouthshire county council gives us until June 21, 2005.
"If we have not done it by June 21, 2005, then is the time to ask for us to be prosecuted. It will be a lovely tree and Galliard hopes this tree will last for hundreds of years and will become a feature in the centre of Monmouth."
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