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Developer Prosecuted for Felling Protected Trees

Date Published: 10 October 2016
Rutland County Council

Rutland County Council has brought a successful prosecution against a developer and a contractor responsible for cutting down protected trees.

David Miller Homes Limited and contractor Robert Jarrom appeared at Leicester Magistrates Court on 31st August 2016 and pleaded guilty to cutting down two protected ash trees that had been subject to a tree Preservation Order (TPO) since 2006.

The trees were illegally felled as part of development work undertaken by David Miller Homes Limited on Braunston Road, Oakham in March 2016.

The developer and contractor stated this was the result of a misunderstanding when communicating about trees on the site. However, the developer confirmed that he was aware of the TPO trees and failed to make clear which ones were protected.

It is a criminal offence to cause or permit any unauthorised works to a tree that is protected by a TPO and consent to cut down the two trees would not have been granted had it been applied for.

As a result, David Miller Homes Limited was fined £3,700, including £1,500 in costs. The contractor received a smaller fine of £506.

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