A Solihull mother-of-four is facing financial ruin after being slapped with a colossal £116,000 court bill for illegally felling a magnificent, protected tree in her own garden.
The case, brought by Solihull Metropolitan Borough Council, centres on a large mature conifer that was subject to a Tree Preservation Order (TPO). Despite the legal protection, the homeowner proceeded to have the significant tree cut down, an act the local authority has condemned as 'one of the worst cases of tree felling' they have encountered.
The court heard that the tree was a historic feature of the property and its loss was a significant blow to the local environment and community character. The council emphasised that TPOs are put in place for a vital reason: to protect important trees for everyone's benefit.
The hefty financial penalty includes a fine, costs, and a devastating £100,000 Confiscation Order under the Proceeds of Crime Act (POCA). This controversial legal tool is typically used to seize assets from drug dealers and fraudsters, but in this case, it was argued that the defendant had effectively committed a crime by increasing her property's value through the unlawful act of removing the tree.
The defendant's defence reportedly crumbled in court. Her claims that the tree was dead or dangerous were dismissed after expert examination of the stump revealed the tree to have been in perfectly good health. This left her with no legal defence for her actions.
This shocking case serves as a severe warning to all homeowners across the UK. It underscores the critical importance of checking with your local council's planning department before even contemplating any work on trees in your garden. The assumption that a tree on your private property is yours to do with as you please is a potentially catastrophic and expensive misconception.
