Neighbours fined for cutting back ‘dangerous’ cedar tree

A BRITISH Airways pilot and a company director have been prosecuted after cutting back a protected cedar tree because they believed their children were in danger from falling branches.

Gareth Williams-gardner, 45, and David Evans, 39, have been prosecuted after taking it upon themselves to saw the crown of the tree right back without making any checks or getting permission from the local council.

They removed 15 branches, leaving the 50ft tall specimen looking “disfigured” and bare. There are fears it will not recover because there is now little to protect it from the winter winds.

The cedar, which stands on the grounds of Mr Williams-gardner’s £750,000 home near Poole Harbour, Dorset, has been subject to a Tree Preservation Order (TPO) for 36 years and any work to it has to be approved by the local council.

The pilot and his neighbour, Mr Evans, who runs an IT consultancy, claimed the straggly tree posed a risk to life and property as debris had started falling from it.

It is believed both men felt their young children were in danger of being hit by falling branches and Mr Williams-gardner had also been told he would be liable if any debris injured pedestrians or damaged cars in the road because the tree is on his land.

A horrified neighbour complained to Poole borough council in July after seeing the stripped back tree following Mr Williams-gardner’s and Mr Evans’ handiwork.

An investigation resulted in the pair being charged with contravening a TPO by wilfully damaging the cedar.

They both admitted the charge and were fined £1,500 each and ordered to pay a total of £800 in costs and victim surcharge.

The incident happened some time between July 19 to July 26 this year.

Andy Dearing, of Poole Borough Council, which brought the prosecution, said: “They decided the tree… was, in their view, a health and safety hazard. They said bits were starting to fall out of the tree. They shinned up the tree and cut off a significant number of branches.

“What is surprising is that these are both professional individuals and they didn’t seek permission and get a professional in to do the work.

“They took the view that they were just going to get on and do it. Fifteen branches were removed and we found three large rubble bags filled up with logs. The tree has been significantly disfigured and stripped back. The amenity value of the tree to the street scene has been mullered.

But Pamela Green, who lives opposite the house, said: “It’s an enormous tree and if that came down it could fall on my property too. I think the council has been a bit heavy-handed. I know it has a TPO, but it’s ridiculous some of the trees they are preserving.”