A Stormont department has admitted that "no one raised the possibility of a bat survey" before they planned to cut down an oak tree covered in ivy that's thought to be hundreds of years old.
The tree, which looms large by the roadside near the junction of Largy Road and Cidercourt Road in Crumlin, has now been saved from the axe following an intervention from Friends of the Earth NI director James Orr.
According to details provided through a freedom of information request no condition survey of the tree was carried out as they planned to remove the whole tree "to improve sight visibility at the junction" after a local politician raised sightline concerns.
In answer to questions about whether the Department for Infrastructure's Antrim and Newtownabbey road division had carried out bat or bird surveys, they said: "DfI Roads have confirmed that a bird survey was to be carried out, using a lifting platform, on the day of the proposed tree removal. No one had raised the possibility of a bat survey being an issue that required consideration prior to correspondence that was received from you on the day before the tree removal was scheduled to take place."
They also admitted that DfI "did not contact NIEA/DAERA about the proposed felling of the tree".
According to emails which we've seen, DfI had originally planned to cut down the tree in June. That time of year is bird nesting season when "under DAERA's Cross-Compliance rules, hedges, trees or scrub cutting (including trimming and laying) is not permitted during the bird nesting season between March 1 and August 31.
"This can be considered a criminal offence under Wildlife (NI) Order 1985 as amended."
Oaks can provide a vital home for bats as they provide roosting opportunities and support a large variety of insects which are a good food source for the species.
Following a reminder that DfI had a legal requirement to "protect bats which are active at this location" they were asked to halt the felling and carry out the appropriate assessments under the Wildlife Order. DfI was also reminded that "to remove a tree of this rarity and importance should only be contemplated in the most exceptional of circumstances".
James Orr told Belfast Live: "This is a tree that's probably been born in the 18th century and it may be 300 years old - who knows.
"It's not its fault that it is close to the junction. This tree was probably here before the road ever existed and how many mature oak trees of this scale do we have left in Northern Ireland? Hardly any.
"It seems as if the Department for Infrastructure hates oak trees - this isn't the first time in terms of so-called flood maintenance or roadway safety that they cut down these incredible trees.
"They wanted to cut it down in the breeding season and lots of people in the community objected to it.
"The public are now recognising the value and importance of these trees in terms of heritage, carbon capture, the amazing species of wildlife they support. The department is so behind on public opinion."
We asked DfI for a response to concerns the tree was to be cut down during bird nesting season and that no bat or bird surveys had been carried out in October.
A spokesperson said at the time: "The Department has carried out a review of safety at the junction of Cidercourt and Largy Road near Crumlin. In light of this, a review and upgrade of signs and lines at the junction will be undertaken, rather than proceeding with the removal of the tree at this time."
James Orr said the case raises "major concerns" about the "protection of veteran oak trees and the handling of environmental governance".
He has also hit out at delays in his request for an internal review over the handling of his EIR request in relation to the case. He requested an internal review on October 13 after waiting weeks for information, the review outcome was provided on December 13 which is five days over the 40 days outlined in legislation.
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