Fury over ‘caution’ after protected wood is cleared for garden
ACTION to ‘caution’ a woman who dug up protected woodland to make her garden bigger was too lenient, the conservation group that manages the woods has claimed.
Keith Hunter, one of the leaders of the Woodscape community group, has spoken out after a year-long feud with a resident who dug up and turfed over a section of Screamer Woods in Bradley, Huddersfield, to extend her own property.
The audacious move
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Rukaya Musa ended up in court and after months of delays Kirklees Council revealed it had reached an out of court settlement with her.
She and her contractor Simon Donaldson were given a ‘caution’ for planning offences but it is not clear whether she will have to remove the turf and return the land to its original state.
Mrs Musa, who works as a solicitor, is the legal owner of the plot behind her home on Bradfield Close and it is thought she retains the right to fence it off.
Mr Hunter said he was “extremely disappointed” with the result.
“It basically means the TPO (Tree Protection Order) protection is null and void,” he said.
“I am extremely disappointed by the council decision to make an out of court settlement that is just a caution.
“I am also concerned that no action will be taken for the change of land use.
“The acts were deliberate by a solicitor who should have known the trees were protected.
“That should have been a reason to prosecute.
“This is nothing more than a gentle slap on the wrist that will have no deterrent effect whatsoever. We already have another incident reported to the tree officer for clearing trees along the garden boundary without permission.”
Mr Hunter said the case now gave precedent that meant the council wouldn’t be able to prosecute a TPO case without giving the same ‘caution’ option.
He added: “Reading the Examiner’s comments and social media responses it is clear that whoever approved this decision in the council has underestimated the strength of public opinion.
“The most important outcome for me from this whole debacle would have been a replanting order and action under planning to prevent change of use into a garden.
“Woodscape has some oak trees growing in our allotment and will make them available for replanting.”
Last week, the council’s spokesperson said the authority would be seeking the replacement of any trees that were removed.
But it has not made it clear if the extension to Mrs Musa’s garden will have to be reversed.