• Private Client
  • Falkirk


Client had originally purchased this land pre-COVID, with a view to building a family home on it. Changing circumstances have meant that they are now looking to sell the land, which comes with planning permission for a home.

Inex were asked to carry out a survey to quote for clearance of the site and a tree survey so the site could be sold, ready to build.

General Issues

There was a live badger set found onsite, meaning no works could be carried out without a licence and only between the months of July and November. The site was also within a conservation area where there was a blanket Tree Protection Order (TPO) in place, meaning works on the trees could only be carried out with written permission from the local council.

Major Issue

During the tree survey, it was found that a Horse Chestnut tree at the bottom of the garden was severely diseased and, as it was overhanging the carriageway of a main road, it needed to be dealt with as an emergency.

Inex Solutions

Inex immediately contacted the local council to inform them of the situation and explain that if the tree wasn’t removed as a matter of urgency, there was a high chance that it could shed a limb onto the carriageway causing damage to motorists and/or pedestrians.

Due to these circumstances, the removal of the tree was granted, but works could only be completed on a Sunday due to how busy the carriageway below the tree was during the working week. Inex safely removed the tree at the earliest possible opportunity.

With the active badger set on site, Inex approached NatureScot to request an emergency licence to be granted to enable the works to go ahead. This licence was granted under the agreement that all works were carried out from outside the site, with no one to set foot in the site and nothing dropped into the site. This meant the tree could not be climbed in the traditional manner and all works were carried out by MEWP (Mobile Elevated Working Platform).

Tree Surgery

For what is ordinarily a straightforward scope of work, this project unfortunately became slower and more costly for the client due to the specific circumstances and licensing requirements involved. The risk of not being on the right side of the law is far from worth it, however, as there is a risk of prison sentences and large fines if protected species like badgers and their habitats are harmed by works carried out on a piece of land.

This case study is an excellent example of how working with professional, accredited grounds maintenance / tree surgery specialists is essential to ensure full legal compliance and minimise risk.

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