Builder fined for tree damage

A Derby building firm has been fined £1,000 for damaging the roots of a tree in a South Derbyshire village.

The Red Leafed Norway Maple Tree, which is protected by a Tree Preservation Order (TPO), had its roots exposed and damaged by a small mechanical digger being used to dig a trench to lay services for a new dwelling.

J & K Developments Limited, which owns the land on which the tree sits, pleaded guilty in Derby Magistrates’ Court to contravening the TPO at 77 Doles Lane, Findern.

When the company applied for permission to build the new property, a no mechanical dig zone was clearly marked on the site, making it clear if they were to dig in the area around the tree it had to be done manually.

The mini digger used has caused damage that, it was said in court, will reduce the life of the tree which with its vibrant red leaves and uniform shape is a significant feature of the landscape.

Commenting on the case, Cllr Andy MacPherson, Chair of South Derbyshire District Council’s Environmental and Development Services Committee, said:

“The Council does not decide to prosecute lightly, but the tree was subject to a Tree Preservation Order and therefore is protected by law.

“We value the significant contribution that trees make to the landscape of the District; they have to sit alongside built developments to create a balanced environment.”

In addition to the £1,000 fine, the defendant was ordered to pay a £100 surcharge and £893 costs.

All South Derbyshire trees carrying a TPO can be viewed on the Council’s website www.southderbyshire.gov.uk

6 July 2018