A British Woman Was Fined for Cutting Down a Tree More Than Ten Years Ago (3 photos)
In 2012, Claire Rands chopped down a 100-year-old lime tree in the back garden of her home in Newport, Wales. More than a decade later, the local council took her to court.
Claire admitted she was unaware of the ban when she hired an arborist to work on the property she owns with her husband Damon and their four children. She said their street was prone to grass fires in the early 2000s and the tree was a potential hazard.
In 2012, the Rands family were in the news for their tree catching fire due to grass burning. However, the local council secured a preservation order for the lime tree. This order prohibits cutting down, fertilising, root pruning, uprooting or deliberately damaging or destroying trees without permission from the local planning authority – in this case, the council.
The homeowners eventually cut the tree down and planted a new one, and thirteen years later they received a letter from Newport City Council saying they would be prosecuted for destroying the lime tree.
Damon Rands was later acquitted, while Claire Rands was found guilty after a trial at Newport Magistrates' Court.
The council said its conservationist was walking around the area when he noticed the tree had been cut down. Experts found the value of the half-million-pound house had been increased by £50,000 by the destruction of the lime tree.
Barrister Rhys Rosser said his client could not be guilty of "carrying out or permitting the felling of a tree" as the law only applies in England, not Wales. Because Rands did not physically cut down the tree, she can only be charged with breaching the order.
Rosser argued that the valuation of the property was speculative and based on "potential rather than actual" data. He also stressed that Claire Rands genuinely believed she was acting for safety and noted her impeccable reputation. The case involved one tree, no commercial company was involved and the land remained undeveloped. The barrister noted the significant delay in sentencing, which had stretched over 13 years.
Claire Rands was ordered to pay £100,000 in legal costs and a £16,000 fine. The court heard that the former director of her husband's large IT consultancy had significant financial resources and could afford to cover the costs and fine.
The family chose not to comment to the media after the verdict.