IHBCs’ local government officer and custodian on the IHBC’s ‘Prosecution Database’ resource, Bob Kindred, highlights a recent case of interest, while also calling on our networks to let him know of any more cases.
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Bob Kindred writes:
‘I think this case may well be worth publicising on the IHBC news blog for two reasons.’
‘Firstly, the works were done within the curtilage of a locally listed building i.e., a non-designated heritage asset; and secondly the size of the fines imposed relative to the levels of fine being levied on unauthorised works to listed buildings.’
‘Personally too, it does seem to me that Magistrates Courts appear to consider the preservation of trees to be rather more important than preservation of historic buildings.’
Local Government Lawyer writes:
A property firm has been hit with a £24,000 fine, and its director has received a £9,600 fine after the removal of trees that were protected by a Tree Preservation Order.
Telford & Wrekin Council launched a prosecution after the local authority’s planning enforcement team found the property firm, Purity Properties Limited, had felled three trees at a nursing home in Wellington. As well as the fines, the firm and its director, Steven Jagdeep Singh, were ordered to pay full prosecution costs of £11,921.50…
… the court heard that Mr Singh had ignored an order from the council not to start any work on the trees until a decision had been made. When a council planning enforcement officer visited the site, they found two yew trees had been felled. They returned a week later to see further tree works taking place, which they said showed a clear, deliberate breach. Mr Singh himself was observed to be in the cherry picker, removing the remaining limbs…
On sentencing, Judge Grego said: ‘The home is on a list of buildings of local interest and the row of established and mature trees are part of that character ….
.. A valuation report… established that the increased value in terms of further development… was in the region of £22,500..’
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