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Housing developer prosecuted for breaching Tree Preservation Order (31 January 2017)

Date: 31/01/2017
Duncan Lewis, Housing Solicitors, Housing developer prosecuted for breaching Tree Preservation Order

Reigate and Banstead Council has prosecuted housing developer Shanly Homes for wilful damage to two protected trees in Redhill, Surrey.

Shanly Homes Ltd appeared before Redhill Magistrates’ Court and pleaded guilty to carrying out excavation works at the former Frenches Club, which contravened a Tree Preservation Order (TPO) and resulted in irreparable damage to a protected yew tree and horse chestnut tree.

The company was fined £10,000 and ordered to pay the council’s court costs of £1,002, as well as a victim surcharge of £170.

Taking account of the guilty plea, the judge reduced the fine for the wilful damage to the protected trees from £7,000 to £5,000 per tree.

The prosecution followed an investigation by the council’s planning enforcement team, after it was contacted by a local resident concerned about construction works being carried out in the rooting areas of the trees, which are covered by a TPO.

The council’s tree officer attended the site to investigate and found that unauthorised works within the root protection area of the trees had taken place, resulting in damage likely to cause the protected trees’ demise. The council issued legal proceedings against the developer in October 2016, resulting in court action.

Before sentencing, the judge said he had taken into consideration that Shanly Homes was a large, well established company, which should have had mechanisms in place to make sure that such errors do not happen. He also asked the company to explain how it planned to ensure that the mistake would not be repeated in the future.

Chairman of the Planning Committee, Councillor Mark Brunt, said:

“We take a very dim view of anyone who thinks they are above the law and can disregard a Tree Preservation Order.

“These substantial trees formed an important landscape feature in the Redhill area and were protected to safeguard their future.

“A well-established company like Shanly Homes should have known better than to carry out these works without following the correct protocols – I hope this hefty fine sends a very strong message that we are determined to deal firmly with those who contravene a Tree Preservation Order and threaten the environment we work so hard to protect

“Initial information about TPO beaches often comes from the local community, so I ask residents to continue to report these matters to us so we can investigate at an early stage.”

Duncan Lewis Housing Solicitors

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