Topics

#ARBatwork #PledgeLessPlastic & 1987 storm 2018 3ATC 50th annual AA AA Awards accreditation advice AFL AGM Agrilus Biguttatus aid air quality Alert Alex Kirkley amenity Amenity Conference Ancient Tree Forum Annual Awards APPGHG apprentice apprenticeship Apprenticeships Approved Contractors ARB ARB Approved Contractor ARB Approved Contractors ARB at work ARB Magazine ARB Show Arboricultural Association Arboriculture arborists Arbsafe ash dieback Assessments atf Australia Autumn Review award Awards Barcham Trees Bartlett Tree Experts bats beetle beyond ism Bill Matthews biodiversity biosecurity Branches Brexit bs5837 business Call for papers Campout Canker stain of plane carbon CCS Cellular Confinement Systems CEnv Ceratocystis Ceratocystis platani chainsaw chalara Charles charter Charter for Trees chelsea Chelsea Flower Show Claus Mattheck climate climber climbing Colleges committees competiton conference Confor conifers conservation Consultant consultation Coroner Council Countryside Stewardship cross industry news Cryphonectria parasitica Cumbria DART Date for your diary deadwood death defra Design Devon disease document dothistroma EAC East Anglia ecology Economic Report economy Ecotricity education Electricity England EPF Europe European Arboricultural Council European Wood Pastures exeter Exhibitors Fatality Fera Fine flood flooding Forest Research forestry Forestry Commission forests FSC Fund4Trees funding fundraiser gardening GDPR Geocells Gov.uk government Green Brexit Green Infrastructure Green Infratructure guidance guides Health Helliwell Help Henry Kuppen Horse Chestnut horticulture HRH HRH Prince Charles HS2 HSE ICF Infographic InfraGreen International Urban Forestry Congress Investigating Tree Archaeology Conference Irma ISA iso i-Tree IUFC Job Karabiner Kew land-based Landscape Institute Landscape Show landscaping Lantra law Leaf Minor Lectures legislation London LTOA Mayor of London Melbourne Member Benefit mentor Midlands moth' NASA National Geographic National Tree Week NATO News nominations Northern notification NTIS NTOA NTOC oak 'oak Oak Processionary Moth Oak-boring Beetle obituary Observatree opm Padua parks parliament Perennial Pests and Diseases petition Phytophthora planning Planning Law planting Plumpton College policy poll Power Prince Charles Prince of Wales processionary Protect and Survive protected tree protection Quotatis ramorum Registered Registered Consultant Registered Consultants Rememberance Day Report Rescue research Resilience response review RFS rhs rigging Rodney Helliwell rogue tree surgeons RSFS Safety Safety Bulletin Saftey Scotland Scottish Branch SDG Accord security seminars Share Sheffield Show Site Guidance skills SocEnv soils South East staff statement statutory STIHL strategy student Student Conference survey Sustainable Soils Alliance Sweet Chestnut sweet chestnut blight TDAG Technical Officers tender Thames & Chiltern The Arboricultural Association The Woodland Trust Thinking Arbs Day Timbersports Tools TPO Trading Standards trailblazer training transport Tree Tree Champion Tree Council Tree Health Tree Inspection tree loss tree management Tree of the year Tree Officer Tree officers tree species Tree Surgeons Tree Week tree-felling TreeRadar trees Trees, People and the Built Environment trust' trustee Trustees TrustMark UAG Uitlity UK favourite ukas UKWAS urban forest Urban Forestry Urban Tree Cover urban trees VETcert veteran trees video Videos volunteer VTA Wales webinars website Western Westonbirt Wharton women in arboriculture woodland woodland trust woods World Environment Day Xylella young arborists

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of the Arboricultural Association.

Share this story

Builder fined for damaging protected tree

  25/10/2018
Last Updated:  01/11/2018

A Chesterfield-based housebuilder has been ordered to pay almost £12,000 after causing significant damage to a protected tree.

In a prosecution brought by Chesterfield Borough Council, D J Atkinson Construction Ltd, of Grassmoor, pleaded guilty at Northern Derbyshire Magistrates’ Court to causing damage to the root system of a cherry tree protected by a tree preservation order.

The tree is on the site of the former Ringwood Centre in Brimington, which was demolished to make way for 37 homes at the Ringwood Meadows development.

District Judge Davison ordered the company to pay fines and costs totalling £11,946.20.

The court heard that D.J. Atkinson Construction Limited was appointed by the landowner to build the new homes. But the company failed to adequately protect the tree and their actions caused root damage on two separate occasions in January and September 2017.

The company received a caution for the first offence, however Chesterfield Borough Council decided to prosecute when the company caused further, more extensive damage to the tree by removing the protective fencing and allowing mechanical digging within the root protection area.

Councillor Terry Gilby, Chesterfield Borough Council’s cabinet member for economic growth, said:

“We are committed to preserving trees and woodlands which are important to wildlife and are an amenity enjoyed by residents and visitors to the area.

“Construction companies are well aware of the rules they must comply with but where they flout them, as in this case, then we will prosecute.

“We hope this case will also act as a warning to other construction companies that tree preservation orders are there for a reason and are not something they can just choose to ignore.”

Chesterfield Borough Council is continuing to monitor the damaged tree to see the long term impact that the excavation work has caused.