Off the hook for tree felling
No fine and told to replant
NICOLA FINDLAY
A millionaire businessman has been let off the hook after felling a rare woodland without permission.
Advance Construction – owned by Seamus Shields – came under fire after work on farmland belonging to them saw a large number of trees torn down and damage to the ruins of Craigneith Castle.
The firm denied causing damage to the historical castle,which isn’t a listed building, but an investigation was launched by Scottish Forestry after no felling licence was granted for work to clear the woodland.
Advance and Mr Shields were facing fines of up to £5,000 per tree and a criminal record if prosecuted but, the government agency has only issued a restocking order which the firm is now appealing.
It is not the first time the company have fallen foul of regulations.
In 2011 Mr Shields admitted that Advance Construction illegally dumped thousands of tonnes of waste from a demolished school on land near Wishaw in North Lanarkshire.
The latest order has been slammed by campaigners battling to save what is left of Craigneith Castle – a site which is of significant importance to the local area.
Calderglen Heritage called for tougher sanctions by the authorities and chair Chris Ladds said: “This is not the outcome we were expecting whatsoever from the system.
“The punishment for the removal of so many wellestablished trees is met by a restocking order rather than a fine and criminal record. Surely this is a situation where a criminal record and fine should be levied, as well as the restocking order.
“Our legal system is repeatedly coming under fire for being too lenient.
“The restocking of the thousands of trees killed will not bring back the complex nativeness of the site and, more pressingly, it will cost far less than a fine to replace the number of trees killed.”
He added: “Whether it is a fine or restocking, these punishments may even be viewed as mere anticipated costs by rich businesses and their owners.
“There would be dead wildlife too, not just trees.
The system must change.
“Once places like Craigneith are destroyed we cannot get them back.
“We are talking about one of the rarest habitat types in Scotland and something we simply must protect. Unscrupulous landowners do not get a free pass.”
A spokesman for Scottish Forestry said: “We issued a restock notice as, in our view, no exemption applied and a felling permission should have been acquired. Our decision is being appealed by the landowner.”
MP Dr Lisa Cameron said: “I am very disappointed that these local community concerns continue unabated as no fine or sanction has been put in place to underline the importance of licencing for such forestry activities. Landowners responsible must realise that their actions impact upon our constituency alongside its heritage.” MSP Linda Fabiani said she “sincerely hoped” that the landowner meets its obligations and that Scottish Forestry “were vigilant in ensuring it happens”.
Advance Construction failed to get back to the News despite several requests for a comment.