Representing clients in a dispute over tree-felling near dwellings, residential areas and green infrastructure
Case
RASK is
representing local residents in a dispute concerning permission for
clear-cutting in the immediate vicinity of residential areas and within green
infrastructure.
The
existing comprehensive spatial plan prohibits clear-cutting more than 2
hectares in the contact zone, defined as a 200-metre radius around dwellings.
The felling area is also part of green infrastructure (more specifically, a
green corridor), established to preserve natural value. The study found that the area is a key
component of the green infrastructure and possesses high ecological value,
indicating that construction activities and clear-cutting should be avoided in
this area. Despite this, the Environmental Board issued forest notices for
clear-cutting in these areas.
The
complainants turned to the court to protect their rights, as the implementation
of the disputed forest notices would destroy a significant portion of their
living environment and greatly increase various negative impacts (such as wind,
noise and pollution) in the area. There are few ecologically valuable natural
environments in densely populated areas, and the size of the existing ones is
continuously decreasing.
Given that the clear-cutting area is located within the contact zone around the clients’ residences, the adverse effects of the significant reduction of this valuable natural environment through clear-cutting would be particularly pronounced for the local residents, causing them considerable harm.