Guilty of illegally felling a tree in a neighbour’s garden

December 8, 2012 2 By Richard

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Many trees across the country are protected by Tree Preservation Orders (TPOs) which prevent any work without written permission from the local planning authority. TPOs are usually reserved for trees with high amenity value but can be applied to any tree which justifies preservation.

Unhappy with having a Maritime Pine tree obscure his view of the Purbeck Hils and Poole harboure, Neil Davey, paid, Thomas McGuire to fell his neighbour’s tree.

Premeditation

The pair had know each other for 10 years and McGuire had been doing some work in Davey’s garden in the previous weeks. A judge said their plot to fell the tree, thought to be a honeymoon present from Davey, showed “remarkable arrogance” and had put neighbours’ lives at risk

Davey was found guilty of felling the protected tree

Technically the fell was appalling. Looking at pictures of the tree after it had been felled there was no control on the felling cut. It was simply a cut thought the base of the tree and it could have gone in any direction, luckily it fell away from the property


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Davey’s neighbour was woken by the sound of a engine revving and a loud bang and found his tree had been felled. McGuire, who felled the 12m (40ft) tree in the early hours of 20 June 2010 and Davey were both found guilty of wilful destruction.

Mr Davey was given a record fine of £75k and was told to pay the council an amount equal to the rise in value of his home with the view, estimated to be an extra £50,000. The £125k fine give to Davey is thought to be the largest fine in the country.

BBC story

Poole tree fell sea view trial: Neighbour found guilty

Best Environmental Conviction Ever..? Tree Fellers Both Convicted


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