The photograph below, included in the planning application on the basis of which permission was granted, purports to illustrate the final development as seen from Bettyglen Estate. Planning permission allows the Sheiling to remove all the existing trees along the boundry between the Hotel property and the green space in the Estate, and replace them with a low hedge/fence.
The photo shows the north face of the proposed development, which is still screened from view by the remaining trees on the periphery of the green space.
That view was taken in SUMMER when the proposed destruction of the existing trees around the perimeter of the Shieling property would not have made a huge difference to residents.
However, WINTER is another story. As can be clearly seen in this picture the residents' only protection in winter are the very trees it is proposed to take out, as the remaining trees around the perimeter of the green space within Bettyglen itself are deciduous and might as well not be there at all in winter.
Irrespective of whatever justification the applicants may have advanced for the removal of existing trees, and their replacement by low lying bushes, it would not have been clear to the planners, from the applicant's submission and summer picture, that such removal would deprive residents of all screening during the winter months.
The developers should have been required to replace the trees they have been given permission to take out with appropriate substitutes. Certainly their photographic presentation to the planners was totally misleading and it could be argued that such permission had been obtained under false pretences.