For almost three years, developer Espen Fasting and the municipality have argued about the fine. But after rounds with both the municipality, the state administrator and a ministry, the matter has now finally been settled. The felling of the tree was illegal. – I could understand it if I had entered the neighbour’s property and taken down a large, beautiful tree, says housing developer Fasting. He quickly adds: – But it is something completely different when the tree is on my own property. He believes that a NOK 200,000 fine for felling the 25-metre tall pine tree is out of proportion. Blame it on bad weather It all started when Fasting was going to build three detached houses in Seterhøybakken at Bekkelaget in Oslo in September 2020. There he cut down a tree with a circumference of 2.5 metres. According to the single-family house plan, it is illegal to fell trees that have a circumference of more than 90 centimeters, measured one meter above the ground. Housing developer Espen Fasting believes he was within his right to fell the tree. Photo: Hallgeir Braastad / news Fasting says he took the tree because there was a lot of wind that week and that he feared it would topple onto the neighboring house. The agency, on the other hand, believes the tree had withstood the storm. – We have two expert opinions which indicate that the tree was healthy and fresh, and there was no danger of it falling down, says department director Anne Torill Halse in the Planning and Building Agency. They believe Fasting knew what was legal and what was not. This is what the tree looked like before it was felled. This is what the tree looked like before it was felled. What did you think of the NOK 200,000 fine? The fee is too low. It should have been higher! It is far too much to pay to cut down a tree Bota is just right, I thought! Show result Bota must warn others The Planning and Building Agency also believes that the housing developer should have had someone check the condition of the tree. He never did. He also did not notify the agency before cutting it down. The agency therefore defends the size of the record-high fine. – We now have to assess what is the right level for the fees to have a preventive effect, says Halse. The highest fine for an illegal tree felling up to now has been NOK 20,000. Department director Anne Torill Halse in the Planning and Building Agency in Oslo. Photo: Rolf Petter Olaisen / news Could be a lawsuit Housing developer Fasting says he complained about the fine primarily for reasons of principle. But neither the municipal and district ministry nor the state administrator had objections to the fine. Thus, almost three years after the felling, the fine is final. Espen Fasting must pay. – I have to go to court if I want to avoid paying the fine. And I consider that.
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