Tree Law is proud to have represented Newport City Council in a landmark prosecution that has provided vital clarity for planning authorities across Wales.
On 22 August 2025, Newport Crown Court dismissed Mrs Claire Rands’ appeal and upheld her conviction for the unlawful felling of a lime tree protected by a Tree Preservation Order (TPO).
Why This Case Matters
This case confirms, for the first time in Wales, that householders can be prosecuted for causing or permitting the felling of a protected tree. Mrs Rands had argued that this offence did not exist in Welsh law because the relevant section of the Town and Country Planning Act 1990 (s210(1)(c)) had not been brought into force by the Senedd. The Crown Court rejected that argument, ruling that “causing or permitting” can properly be read into s210(1), following the Bournemouth Justices case.
Without this ruling, it would have been possible for landowners to avoid liability simply by instructing contractors to carry out unlawful works. The judgment therefore protects the integrity of TPOs across Wales and strengthens the ability of local authorities to safeguard valuable trees.
The Sentence
The Court considered financial gain, damage, and culpability:
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Financial gain: the removal of the tree added an estimated £50,000 to the property’s value.
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Damage: the tree, adjacent to a nature reserve, was of local environmental importance, and its destruction caused significant harm.
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Culpability: although Mrs Rands claimed she feared the tree was a fire risk, the Judge described her conduct as a blatant disregard of the TPO.
Mrs Rands was ordered to pay:
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A £16,000 fine (payable to HM Treasury), and
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£100,000 towards Newport’s prosecution costs, reflecting the complex litigation and the importance of the legal issues raised.
This brings the total penalty to £116,000, payable within 12 months.
A Win for Newport – and for Trees Across Wales
Newport City Council led this prosecution from the outset, and the outcome will be of direct interest to planning authorities across Wales. The case has also been flagged to the Senedd as highlighting an area of legislation that needs attention.
Tree Law is pleased to have acted on behalf of Newport City Council in this important case, ensuring that TPO protections in Wales are properly upheld and that unlawful felling is met with firm consequences.
