Developer fined £300,000 for felling protected trees

Property tycoon Fiorenzo Sauro was found guilty, earlier this week, of ordering the destruction of 72 protected trees near Swansea and fined £180,000. 

His company, Enzo Homes, was fined £120,000 for contravening a tree preservation order under S210 (1)(A) and (2) of the Town and Country Planning Act 1990.

Town and Country Planning Act 1990

Document Status: In force/Current

Scope: England, Wales

Key Dates SHOW

Commentary:

07/07/2015 Amending Act (Planning (Wales) Act 2015) published., 27/10/2015 Amending Order (WSI 2015/1794) published., 22/02/2016 Amending Regulations (WSI 2016/53) published, in relation to Wales only., 27/04/2017 Amending Act (Neighbourhood Planning Act 2017) published.
02/11/2017 Amending Regulations (SI 2017/1012) published., 28/11/2018 Amending Regulations (SI 2018/1232) published.

Compliance:

24/05/1990 Received Royal Assent

Legal Status SHOW

Legal Status This Act consolidates, with amendments, certain enactments relating to town and country planning in England and Wales (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances). It received Royal Assent on 24 May 1990 and has been extensively amended (see Legal Outline).

Legal Outline

The Act has been subsequently amended, including by:

• the Greater London Authority Act 2007;
• the Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538);
• the Planning (Wales) Act 2015, which, among other things, establishes a new National Development Framework for Wales
• the Town and Country Planning (Power to Override Easements and Applications by Statutory Undertakers) (Wales) Order 2015 (WSI 2015/1794);
• the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (WSI 2016/53);
• the Neighbourhood Planning Act 2017;
  
• the Conservation of Habitats and Species Regulations 2017 (SI 2017/1012); and
• the Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (SI 2018/1232), primarily to update references to reflect the UK’s withdrawal from the EU expected from 29 March 2019.

For a complete overview:

View ENDS Summary

The company and Sauro will collectively need to pay £15,000 in legal costs. 

Swansea Magistrates’ Court heard that in November last year, the trees were illegally felled in Swansea's Penllergaer Valley Woods, in Penllergaer, to make way for 80 homes. This included a giant redwood planted in 1842 by the botanist John Dillwyn Llewelyn.

Swansea Council, who had originally sold the land to Enzo Homes for development, pursued Sauro and his contractor through the courts. 

Arwyn Morgan, a self-employed tree-surgeon paid by Sauro to fell the trees, pleaded guilty to contravening a tree preservation order and was also fined £120,000. 

Morgan must pay £2,000 in legal costs. 

Enzo Homes told ENDS that it is planning to appeal the court’s decision.

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Mark Thomas, Swansea Council’s cabinet member for environment and infrastructure management, said that the legal outcome reflected the work the council had undertaken to investigate the “environmental crime.”

He said: "In monetary terms, these trees held a significant value but no amount of money or fine can replace the value of the trees in terms of what they mean to the community and Swansea as a whole.”