The trees along the Amsterdamsestraatweg in Utrecht may be cut down. The judge has decided that the importance of the redevelopment outweighs the preservation of the greenery. However, the Utrecht Tree Foundation has appealed and now the Council of State must consider the issue. The municipality hopes that this will not delay the redesign of the Amsterdamsestraatweg, and in addition to this procedure, nature can also throw a spanner in the works.
The part of the Amsterdamsestraatweg between the Weerdsingel and the Marnixlaan will become redecorated and for this 107 trees have to be cleared. The Utrecht Tree Foundation was of the opinion that 45 specimens could be preserved and appealed to the court filed an appeal.
In short, this judge decided that the interests of the redevelopment outweighed the need and that the 45 trees may therefore be cut down. The tree foundation appealed and also applied for a provisional injunction; that no felling is allowed.
Procedure
The hearing at the Council of State is already on the agenda for Thursday, if there is an immediate ruling and the municipality is found in favor, the felling of the trees will start. If there is only a ruling in the interim measure, and the municipality is again proven right, the felling will also continue.
In this case, according to the Municipal Executive, the chance is ‘very small’ that it will still be decided that the 45 trees may not be felled.
Due to the urgency, both the court and the Council of State accelerated the hearings. “If we now wait (possibly a long time) for the appeal procedure, this does not relate to the urgency for the felling of trees prior to the start of the redevelopment. After a ruling by the Council of State upholding the rejection of the provisional measure, the chance of a different ruling in the appeal procedure is very small,” the board writes.
Nature
Finally, there is another player who can throw a spanner in the works. If the Council of State decides the case in favor of the municipality, an ecologist will check the trees. “When birds build a nest or breed, we do not cut down these trees and we ensure that they have enough rest to breed. We then investigate the consequences for the work and adjust it accordingly.”
