Arun residents are being warned not to carry out unauthorised work on protected trees following the prosecution of a local man.
Aldwick resident Ralph Ansley was given a 12-month conditional discharge and ordered to pay £200 costs at Chichester Magistrates Court last Wednesday (6 February) after pleading guilty to ordering the topping and lopping of a beech tree in his garden.
The incident came to light on 31 August 2007 when a member of Arun Council’s tree staff spotted a man on a ladder propped against the tree in a dangerous position.
On further investigation, the Council discovered that an unlicensed man, cold-calling under the name of ‘Manor House Tree Care of Reading’, had been employed by the resident to cut down a large part of a tree on his property within an Area Tree Preservation Order (TPO).
It is a criminal offence to do works to such trees without Council approval and the offence can carry a fine of up to £20,000. Both the person who authorises the work and the person who carries it out can be prosecuted.
The resident was summoned to court and, even though he pleaded ignorance about the existence of the TPO, was prosecuted for his actions.
Councillor Ricky Bower, Cabinet Member for Planning, said: “Ignorance is no defence. Preservation orders are placed on trees for very good reasons and it is the responsibility of any person who wishes to carry out tree work to check with the Local Authority first.
“TPOs are there to retain natural amenities for the benefit of everyone, not just for the individual on whose land it rests. We expect these people to be aware of it and to apply for permission to the Council in the correct way or face the consequences.”
He added: “We have lost a great beech tree that had absolutely nothing wrong with it because of these people. Hopefully others will learn from this case and follow the proper procedures in future.”
Ian Brewster, an Arboricultural Officer for Arun, said that apart from doing considerable damage to a perfectly good tree, the resident was wrong to hire someone without checking they had professional qualifications or safety equipment.
“Not only was damaging this tree against the law, it was also extremely dangerous for both the public and the man carrying out the work,” he said.
“Tree surgery is a specialist service that should only be carried out by qualified surgeons with the proper expertise, insurance cover and equipment. The man who carried out this work was observed to have no safety harness, protective clothing or helmet and used a washing line to pull down branches.
“It is also highly likely that if he damaged any property, or worse, injured someone, that he and the owner of the tree would not be covered by proper indemnity insurance.”
The man who carried out this work was not prosecuted as he was untraceable, despite attempts to track him down.
Unauthorised works to a protected tree carries a fine of up to £20,000. However this sum can increase dramatically if it can be demonstrated that the damage or loss of a tree would be profitable for the individuals involved.
Any residents intending to employ a tree surgeon are always advised to check their qualifications and current indemnity insurance.
