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

Topics

#ARBatwork #ArbMatters #PledgeLessPlastic & 12 Faces of Arb 1987 storm 2018 3ATC 3ATC UK Open 50th annual AA AA award AA Awards Aboricultural Association Accident accreditation advice AFL aftercare AGM Agrilus Biguttatus aid air quality Alert Alex Kirkley All Party Parliamentary Group on Horticulture amenity Amenity Conference Ancient Tree Forum Annual Awards app APPGHG apprentice apprenticeship Apprenticeships Approved Approved Contractors ARB ARB Approved Contractor ARB Approved Contractors ARB at work ARB Magazine ARB Show arb training ArbAC ArbCamp Arboricultural Association Arboriculture arborists Arbsafe Ash ash dieback Asian Hornet Assessments atf Australia Autumn Review award Awards Barcham Trees Bark Beetle Bartlett Bartlett Tree Experts bats beetle beyond ism Bill Matthews biochar biodiversity biosecurity branch Branches brand Brexit bs5837 bursary business Call for papers Campout Canker stain of plane carbon Cavanagh CCS Cellular Confinement Systems CEnv Ceratocystis Ceratocystis platani chainsaw chalara charity Charles charter Charter for Trees chelsea Chelsea Flower Show Claus Mattheck climate climate change climber climbing Colleges committees competition competiton conference Confor conifers conservation Consultant consultation Contractor Coroner Council Countryside Stewardship Course for beginners cross industry news Crown & Canopy Cryphonectria parasitica Cumbria DART Date for your diary deadwood death defra Design Devon disease document donate dothistroma draft EAC East Anglia ecology Economic Report economy Ecotricity education Electricity England English Elm environment environmental EPF equipment Europe European Arboricultural Council European Wood Pastures exeter Exhibitors Fatal Fatality felling Fellow Fera Field Trip Fine flood flooding Forest Research forestry Forestry Commission forests FSC Fund4Trees funding fundraiser fungal fungi Futurebuild gardening GDPR Geocells Gold Medal Gov.uk government grant grants Green Brexit Green Infrastructure Green Infratructure guidance Guidance Note 2 guides Hazard Tree Health Helliwell Help Henry Kuppen History Honey Brothers Horse Chestnut horticulture horticulturists HortWeek housing HRH HRH Prince Charles HS2 HSE ICF identification industry industry skills Infographic InfraGreen Inspiration Insurance Intermediate Tree Inspection International Urban Forestry Congress Investigating Tree Archaeology Conference Ips typographus Irma irrigation ISA iso i-Tree IUFC Job job opportunity judgement JustGiving Karabiner Kew land-based Landscape Institute Landscape Show landscaping Lantra law Leaf Minor Lectures legal legislation Liability licence London longevity LTOA Magazine maple Mayor of London MBE Melbourne Member Benefit Membership mentor Midlands moth' NASA National Geographic National Tree Safety Group National Tree Week NATO New Year’s Honours News nominations Northern Northumberland notification NTIS NTOA NTOC NTSG oak 'oak Oak Processionary Moth Oak-boring Beetle obituary Observatree occupation opm Padua parks parliament Perennial Pests and Diseases petition photo Phytophthora planning Planning Law planting Plumpton College policy poll Power Preston Twins Prince Charles Prince of Wales processionary prosecution Protect and Survive protected tree protection Qualifications Quotatis ramorum RC Reg Harris Registered Registered Consultant Registered Consultants Rememberance Day renewal Report Rescue research Research grant Resilience response results retrenchment review RFS rhs RHS Chelsea Flower Show Ride for Research Ride4Research rigging Rodney Helliwell rogue tree surgeons RSFS Safety Safety Bulletin Saftey Scotland Scotland Branch Scottish Branch SDG Accord security seminars Share Sheffield Show Sierra Leone Site Guidance skills SocEnv soil soils South East South West SRWP staff statement Stationary Rope statutory STIHL strategy student Student Conference survey Sustainable Soils Alliance Sweet Chestnut sweet chestnut blight T Levels Tatarian maple TDAG technical guide Technical Guides Technical Officers Ted Green tender Thames & Chiltern The Arboricultural Association The Woodland Trust Thinking Arbs Thinking Arbs Day Timbersports Tools top-handled chainsaws,Elcoat, TPBE4 TPO Trading Standards trailblazer training transport Tree Tree Champion Tree Council Tree Fayre Tree Health Tree Inspection tree loss tree management Tree of the year Tree Officer Tree officers Tree Protection tree register tree species Tree Surgeon Tree Surgeons Tree Week Treeconomics tree-felling TreeRadar trees trees' Trees, People and the Built Environment trust' trustee Trustees TrustMark UAG Uitlity UK favourite ukas UKWAS urban urban forest Urban Forestry Urban Tree Cover urban trees Utility Arboriculture Group vacancy VETcert veteran trees video Videos volunteer VTA WAC Wales watering solutions webinars website Western Westonbirt Wharton Witley Women Women in Arb women in arboriculture woodland woodland trust woods World Environment Day Xylella young young arborists Young People’s Breakfast Event zoo

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.