Coleford residents prosecuted for cutting down oak tree
On Monday, 28 October 2024, at Cheltenham Magistrates Court, Mr and Mrs Phipps of The Paddocks, Coleford, pleaded guilty to felling a protected oak tree without consent from Forest of Dean District Council.
Mr and Mrs Phipps were fined £1760 and ordered to pay an additional £2085 in costs and a victim surcharge of £704, taking the total Mr and Mrs Phipps have to pay to £4549.
In April 2023, a healthy oak tree that was subject to a Tree Preservation Order and estimated to be between 80 and 100 years old, was felled without prior notice to Forest of Dean District Council as is required by law. Mr and Mrs Phipps had applied to the Council a year earlier; however, their application was refused.
The tree was located on the rear boundary in Mr and Mrs Phipps’ back garden. They explained the tree was having a detrimental impact on their lives due to the shadow it cast, the maintenance required to clear up leaves, branches and acorns, and their fear it would cause damage to their property if it was be toppled during a storm. A man turned up touting for business and on a spur of the moment they made the decision to cut the tree down.
Prior to being removed, the tree was visible from public viewpoints and was assessed as being an important part of the landscaping associated with the residential development of The Paddocks.
Cabinet Member for Planning Policy, Cllr Sid Phelps said:
“As a Council it is our duty to ensure that planning regulations, particularly those around tree felling, are adhered to for the benefit of the local environment. Hundreds of people every year follow the correct process, but sadly this has not been the case at this location.
“As part of their role, the Enforcement Team helps to ensure that incidents of tree felling are investigated and that those who do not comply with the correct legislation are held accountable.
“The verdict reached at Cheltenham Magistrates Court should stand as testament to this. Planning and tree felling needs to be carried out in the correct manner, with the correct permissions and if, as in this case, it isn’t, our Counter Fraud and Enforcement team will enforce it.”
The prosecution was brought by Forest of Dean District Council’s planning enforcement team with assistance from both the Council’s Counter Fraud and Enforcement Unit (CFEU) and Legal Service.
More information concerning Trees in conservation areas can be found on the Council’s website at: https://www.fdean.gov.uk/planning-and-building/tree-works-and-preservation/