Photo: District of Summerland

Stumps have since been removed

Councillors with the District of Summerland will debate Monday what to do with a couple who illegally removed four protected trees from the Lighthouse Landing subdivision.

The trees at 902 Lighthouse Landing were topped by a contractor on June 29, despite a registered covenant that was negotiated with the developer in exchange for the removal of a vegetative buffer.

A staff report going before council says Wayne and Betty Maclaren first approached the District of Summerland in Sept. 2016, expressing that the trees were “annoying, ugly, messy, etc. and that they were too low, limiting what they can do with their backyard.”

“Staff informed them that they would need to submit a formal request to the CAO, as the trees were protected by covenant. No such request was received."

The report notes that the owners’ stated reasons for removing the trees without district permission are because falling branches posed an immediate danger to property and family, and the district never followed up with them after the Sept. 2016 meeting.

“A similar breach of this same registered covenant by the neighbour the year before led to public outcry from neighbours and the community at large as well as attention from local and regional media,” the report adds.

In the case of the neighbour's breach, a settlement was reached between the district and homeowner.

But that’s not the case this time.

“The property owners have failed to agree to the proposed settlement and have denied any duty to pay damages or compensation,” the district report says, adding direction is being sought from council how to proceed.

The report cites a North Vancouver case heard by small claims court where the defendant was ordered to pay $25,000 for unlawfully damaging a tree.

Replacement cost for the four Summerland trees is approximately $4,000.