Misunderstanding leads to fines for tree cutting

Remediation planning is underway after 20 trees were cut down without permit at the Songbird Place development near Rutherford Road.

The trees were cut down due to a miscommunication, according to Windley Contracting Ltd. manager Jeff Windley.

“There were some trees cut down but it wasn’t solely our fault and it’s all been resolved and fines have been laid,” said Windley. “It was a misunderstanding – everyone thought everything was in place and there was just a misunderstanding, miscommunication, that’s all.”

Alan Kemp, a City of Nanaimo urban forestry coordinator, agreed with Windley’s assessment.

“They thought they had permission to cut down trees that were within an aquatic setback and that was not the case,” Kemp said. “They … were only given permission to remove trees outside of the aquatic setback.”

Windley Contracting will work with the city’s parks, recreation and environment department to finalize a remediation plan. Kemp said the contractor has been cooperative. After all the information is sorted out, the amount of fines will be made public.

“It’s been a good relationship and we’ve been able to work things out and occasionally a miscommunication does happen and they realized the error of their ways and we’re moving forward and they’re adding extra plantings to the restoration plan,” Kemp said.

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