Homeowner Sentenced for Removing Protected Lime Tree in Wales

Claire Rands, a resident of Mons Close in Allt-yr-Yn, Wales, has been sentenced by a crown court over a decade after she had a 100-year-old lime tree removed from her backyard. Rands stated that at the time, she was unaware of any illegalities as she hired a tree surgeon due to safety concerns regarding potential grass fires in the area. The tree surgeon performed the work at their home in Newport, which she shares with her husband, Damon Rands, and their four children. During the early 2010s, the Rands experienced several severe grass fires on communal land near their home, raising alarms about the tree potentially becoming a fire hazard.

In 2012, the Rands were featured in local news outlets, including the South Wales Argus and the Telegraph, regarding the tree, which had previously ignited during summer months due to uncontrolled grass fires, believed to be started deliberately. Neighbors also expressed their worries about these fires, but despite their concerns, the couple's requests to have the Tree Preservation Order (TPO) lifted were repeatedly denied. A TPO is a legal measure that restricts the removal of certain trees without permission from the local council, even on private properties. A decade later, the Rands were surprised to receive a notification from Newport City Council asserting that they would be prosecuted for allowing the destruction of the tree protected under the TPO.

After a trial at Newport Magistrates' Court, Damon Rands was cleared of any blame, while Claire was convicted. The council's investigation began when an ecologist noticed the tree was missing. Experts concluded that the removal of the lime tree enhanced the value of the Rands' property, which is worth around £500,000, by an estimated £50,000. Last Friday, after a prolonged legal dispute regarding the confusion surrounding TPO laws, Claire Rands lost an appeal and was sentenced by Judge Celia Hughes, who imposed a £16,000 fine along with £100,000 in prosecution costs. Rands’ lawyer argued against her conviction, asserting that the law in question is applicable in England but not in Wales. Nonetheless, Judge Hughes stated it was unreasonable for someone who initiated the tree's removal to evade responsibility, leading to her decision to sentence Claire Rands for causing the destruction of the tree.