East Yorkshire resident fined £5,500 for removal of protected tree

A man who lives in an East Yorkshire village has paid more than £5,500 after admitting that he allowed a protected tree in his garden to be removed.

Mr Justin Claybourne, who lives in Foggathorpe, attended Beverley Magistrates Court on 8th January and pleaded guilty to undertaking works to a protected tree in his garden.

Mr Claybourne of Station Road, initially caused significant damage to the tree, which was protected by a Tree Preservation Order (TPO), by pollarding it.

The following year he caused or permitted the complete removal of the tree. The works were undertaken without any consent for the initial works to pollard the tree, or the works to fell the tree. 

Investigations by East Riding of Yorkshire Council’s planning department revealed that the tree appeared to be in good health prior to the work taking place.

He was ordered to pay a total of £5,643.82, comprising of a £3,600 fine, £603.82 costs and a victim surcharge of £1,440. 

A Tree Preservation Order is an order, made by the council, giving legal protection to either single trees, groups of trees or woodland areas. 

By law, trees with a TPO cannot be cut down, uprooted, lopped or topped, and no part of the tree, including its roots can be wilfully damaged or destroyed without first gaining permission from the local planning authority.

Similar protection applies to most trees in a Conservation Area.  

Councillor Gary McMaster, cabinet member for planning, housing and infrastructure, at East Riding of Yorkshire Council, said: “It is important to check with the council whether the tree is protected before causing any work to be undertaken to trees.

“The council takes protection of trees seriously and takes robust action where illegal behaviour occurs.”