East Suffolk Council
Court imposes £5,500 fine for unlawful tree felling
An Aldeburgh homeowner has been fined £5,500 and told to replace a protected tree unlawfully removed from his garden.
Russell Abrahams, 62, was sentenced by magistrates after pleading guilty to breaching a 34-year-old preservation order by felling an oak tree in the garden of his Thorpe Road home last summer.
The prosecution was brought under the Town and Country Planning Act 1990 by East Suffolk Council, successor to Suffolk Coastal District Council, which approved the original Tree Preservation Order (TPO) in June 1989.
The Act prevents anyone from cutting down a protected tree without getting permission from the local authority.
On Monday 22 August 2022, acting on a report of unauthorised tree felling, East Suffolk Council’s Principal Landscape and Arboricultural Officer visited the address, located within the Aldeburgh Conservation Area, where residents are required to also give six weeks’ notice of intent to carry out any tree works.
Although a tree works application had been submitted to East Suffolk Council in December 2020, it only covered work to a number of grey poplars in the front garden area and the removal of a rotting sycamore to the side of the property, but made no reference to a healthy, maturing Turkey oak felled nine days before the officer’s visit.
Mr Abrahams appeared before magistrates on 19 June to admit breaching the preservation order. He was fined £5,500 and ordered to pay £1,302 in prosecution costs and a £2,000 statutory court surcharge.
A tree replacement notice will also be issued by East Suffolk Council, requiring the planting of a replacement Turkey oak in a position adjacent to the location of the felled tree.
Cllr Kay Yule, East Suffolk's cabinet member for Planning and Coastal Management said:
“TPOs exist for the benefit of the public and are put in place to protect trees judged to be of such value that their removal would have a significant negative impact on the local environment.
“I hope this prosecution and the resulting sentence serve as a strong reminder that anyone considering work on protected trees must follow the correct processes.”
Cllr Rachel Smith-Lyte, East Suffolk's cabinet member for the Environment, said:
“While this wasn’t a case of deliberate negligence, or of a large developer felling dozens of trees at once, it was nonetheless reckless and resulted in the destruction of a healthy, maturing, protected oak tree.
“Our investigation found that the tree showed no signs of any decay that might present an imminent danger to property and justify emergency work permitted within the legislation.
“In any case, we need to change our attitudes towards decaying wood as it is essential to wildlife, in particular species of beetle and their larvae that depend on decaying wood. No insects means no food for many species of bird.”