The Tynwald Commissioner for Administration has strongly criticised DEFA for its handling of a complaint from a terminally ill resident seeking to fell a damaging Monkey Puzzle tree.
The resident, who is undergoing palliative chemotherapy and lives alone, applied to remove the century-old tree after its roots damaged their driveway, lifted paving slabs, and threatened underground utility cables.
DEFA refused a felling licence, citing the tree’s “high amenity value”.
Roots
The TCA noted DEFA failed to consider “external corroboration” from the Manx Utilities Authority, which found tree roots were “causing potential damage to the power supply and telephone cable”.
In their report, the TCA said DEFA’s decision-making placed “unreasonable” emphasis on the tree’s aesthetic value while overlooking the “evident” property damage and the complainant’s vulnerable circumstances.
The resident told the TCA: “I am alone, I have Cancer and I am on a low income. Fighting Cancer is not easy, but fighting this is unfair on me.”
They added DEFA’s stance made them feel “treated like a liar”.
While the TCA cannot overturn DEFA’s decision or change the law, it concluded the department’s process amounted to “maladministration,” causing “injustice or hardship”.
The report recommends DEFA review its procedures to ensure fairness and proper consideration of all evidence in future cases.