A homeowner in Newport, Wales, has been ordered to pay £116,000 after a century-old lime tree was cut down in her back garden more than a decade ago. Claire Rands, who lived at the property with her husband and four children, claimed she was unaware of any wrongdoing when she hired a tree surgeon to remove the tree, which was protected by a Tree Preservation Order (TPO).
The tree, located on common land behind the Rands' home, had been subject to several grass fires in the early 2010s, leading Mrs Rands to believe it posed a fire risk. However, Newport City Council discovered the felling during an environmental inspection years later, and subsequent legal proceedings resulted in Mrs Rands being found guilty of causing or permitting the destruction of a protected tree.
During an appeal at Newport Crown Court, Mrs Rands' lawyer argued that she could not be convicted under the relevant law because it applies only in England, not Wales. Judge Celia Hughes rejected this argument, stating it would be contrary to common sense for a householder who directed the removal to face a lesser charge. She sentenced Mrs Rands to a £16,000 fine and ordered her to pay £100,000 in prosecution costs.
The court heard that the removal of the tree may have increased the value of the property, which was estimated at around £500,000, by at least £50,000. Mrs Rands, who had no prior convictions, expressed shock at the penalty, which came 13 years after the tree was felled.
