Monday May 25th 2026
The applicant only owns two of the trees pictured, and planning conditions have been amended to relate to only these two
Written by Local Democracy Reporter, Stuart Sommerville
Councillors in East Lothian have saved a village homeowner more than £40,000 in a decade of bills after she won permission to convert open space to a garden.
Strict conditions were initially imposed to protect four trees at the site of the new garden in Tyninghame, despite the fact that only two of the trees are owned by the applicant
Mrs Jane Reid said in her appeal that a recommendation for an annual survey of the trees, costing thousands of pounds a year was “unduly onerous and inconsistent.”
Following a site visit a meeting of the council’s Local Review Body agreed that conditions should be modified to reflect only two of the trees on the site adjacent to a house at Long Row on Tynighame’s Main Street.
A letter in support of Mrs Reid said:” The typical cost of a tree report from an experienced arboriculturist at current prices is anything between £720 to £1,400 at February 2026 prices.This figure is for one tree. If one assumes inflation over the past 10 years comparing and applying it going forwards to the annual fee it will cost the home owner over £11,000 for one tree alone. This is an extremely onerous burden on the applicant.”
The letter added: “The applicant understands no such review requirement was imposed either when the Braefoot driveway access was created in the first place approximately 27 years ago or when it was upgraded approximately two years ago.
Councillors visited the site on Thursday morning and, meeting in the afternoon, Councillor Kenny McLeod told the committee: “I think the conditions are a bit harsh and costly to the applicant.”
He suggested a survey be carried out after one yea which should be used as a baseline and another after five years.
Councillor Donna Collins said any damage to the trees would have revealed itself by that time.
Councillor Shona McIntosh said conditions around the construction of the fence would also help protect the trees.
There was broad agreement across the committee that the conditions could be changed to reflect the actual ownership and apply only to two of the trees
They also agreed a reduction in the numbers of required surveys once the fencing and other work including the erection of a shed and log store have been completed.
Changed conditions were proposed by Councillor McIntosh and seconded by Councillor Collins.
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