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defendants were laying underground cables close to six roadside Horse Chestnut trees which
were the subject of a tree preservation order (TPO). During these excavations the roots of
the trees were considered to be seriously damaged. As a result of the damage the trees
were now considered to be less stable and have a much shorter life expectancy. Four of the
trees were removed and replaced while the remaining two were severely pruned. The
defendants were charged with contravening the TPO by 'wilfully destroying' the trees. The
case was heard at a magistrates court in Highgate on 29th June 1972. The justices found
that, although the actions of the defendants may have reduced the stability and life
expectancy of the trees they had not caused the 'destruction' of the trees so had
subsequently, not contravened the TPO. The plaintiffs appealed. During the appeal the
term 'to destroy' was defined as 'to render useless'. Trees subject to a TPO could be
rendered useless because they had lost their use as amenity and were now not worth
preserving.
A standing tree which had been subjected to a serious wound and was now in a dangerous
condition because of it, may require removal due to its location, e.g. near a road. That
tree, in the justices opinion, would have been wilfully destroyed by that injury.
The appeal was allowed and the case was sent back to the magistrates for the hearing of
further evidence. |