DROGHEDA BOROUGH Council has sought legal advice on whether the felling of 17 beech trees by a property developer was unauthorised.
The council has confirmed none of the trees or woodlands designated for protection in the town development plan, which include the felled trees, have received that status.
The 300-year-old trees on Cromwell's Lane were felled in the early hours of Saturday, September 13th. The landowner, Eugene O'Connor of Keal-Ryan Properties, had written to the council on the previous day saying he had been advised to remove them because of decay and on safety and insurance grounds.
Mr O'Connor has said he had legal advice that he "had a duty of care to have the trees removed as soon as possible, and if any trees fell on to the public road, I would be liable for any damage or loss of life or limb that would result."
However, the council this week inspected the trees and found that of the 17, "four were dead, dying or dangerous. The remaining 13 trees which were cut down were deemed to be in good condition".
A letter from the landowner stated a tree survey carried out for the company recommended "the trees be removed as they had reached maturity, some had started to split and evidence of decay was present on a number of trees".
The town clerk, Des Foley, said that none of the trees or woodlands identified for protection in the current development plan are actually protected.
"We had no indication (in the letter) that they would be felled immediately," said Mr Foley. "I am satisfied we acted with due haste". He said it was "regrettable no tree preservation order was in place. It would have helped deter what did happen.
"We are currently looking at proceedings required to introduce a tree preservation order on all the trees and woodlands in over 20 different locations earmarked; there is currently no tree preservation order in the borough council area," he added.
The council is also checking whether a tree felling licence would have been required and is taking legal advice "as to whether the felling of the trees constitutes unauthorised development within the meaning of the planning Acts".