The court rules in favor of Cort: the trees in Llorenç Villalonga square must be cut down for safety reasons

PalmThe Administrative Court No. 4 of Palma has lifted the precautionary measure adopted on December 11th at the request of an organization regarding the replacement of 18 beautiful shade trees in Llorenç Villalonga Square due to the risk of them falling. The Court acknowledges the municipality's responsibility to guarantee public safety, taking into account the technical reports from the municipal Parks and Gardens department, which conclude that all the affected trees are in poor condition, with no future prospects, and with various pathologies that entail a high risk of fracture.

In light of the content of these reports, the Court considers that the "need to preserve the safety of people due to the risk posed by these trees" prevails.

It rules out neighborhood alternatives.

Regarding the alternatives proposed by the appellant to avoid risks – such as the delimitation of areas by means of physical barriers – the Court acknowledges that "their ineffectiveness has been demonstrated since, after these measures were adopted, the next day the fences appeared out of place."

Furthermore, according to the municipal service report, the trees are located in an area that cannot be closed off or blocked off, as this would prevent access for firefighters, ambulances, and police in case of emergency or accident, "the latter posing another risk to public safety."

Guaranteeing safety

For all these reasons, the Court considers that "the interest in guaranteeing public safety must prevail due to the risk these trees pose" and, consequently, lifts the precautionary measure adopted and denies the suspension of execution requested by the appellant. It should be recalled that in 2024 the Palma City Council already proceeded to replace several beautiful shade trees in the square. In that process, a court also upheld the municipal decision and recognized the responsibility to act to guarantee public safety.

The City Council also points out that, in response to the removal of the 18 beautiful shade trees, 20 new trees will be planted in the square, increasing the number of trees in the area.