Homeowner Left to face the Music by Rogue Traders

Council alerts public to the risks involved in using ‘Rogue Traders’ for work carried out on trees, particularly ‘protected’ trees.

The Councils Planning Committee on Wednesday 30th June 2010 considered the matter of the unauthorised felling of a larch tree at Eliza Grange, Stoke Court Drive, Stoke Poges which was protected by a Tree Preservation Order.

The owner had been approached by ‘Rogue Traders’ operating under the company name ‘All County Tree Care’. They knocked on the owner’s door and informed him that he had three dead trees in his garden and offered to fell them for him there and then. One of the three trees felled was a protected larch tree and was not dead when it was felled.

If found guilty of an offence for carrying out works (including cutting down or the wilful destruction of a protected tree) without the necessary consent required under a Tree Preservation Order – the penalty is a maximum fine of £20,000 in the Magistrates Court or an unlimited fine in the Crown Court.

This offence can be committed by the owner of the property who causes or permits the work as well as the actual contractor undertaking the work.

In this case the ‘rogue trader’ has long since gone leaving the owner to carry the responsibility. The Council therefore considered whether to prosecute the owner or to impose a formal caution. In this instance it was decided by the Planning Committee to issue a formal caution on the owner. This means that he does not have to go to court but the caution is kept on a record that is held by the Council for 5 years and can be cited in court in the event of the owner being convicted of a repeat offence within that time.

This case serves as an important reminder to members of the public of the risks involved in employing contractors who may not be qualified or insured and do not provide any contact details. If you are approached by a contractor offering to do tree work for cash, please proceed with caution. Always request evidence of qualifications, copies of consents to do the work from the Council and insurance information including public liability cover.

If you employ a ‘Rogue Trader’ and something goes wrong whilst the works are being carried out, you will be responsible for any damage caused. Or, as in this case, if a protected tree is illegally felled or wilfully damaged the owner of the tree runs the risk of being prosecuted.

Anyone considering works to protected trees, or wishing to check whether a TPO is in place can find out further details on the Trees and Tree Protection pages on our website www.southbucks.gov.uk by entering ‘Trees’ into the search engine. Or please contact a member of the Planning Admin team on 01895 837210.

Councillor Mrs Jacquetta Lowen-Cooper, Chairman of the Planning Committee commented that “South Bucks trees are an extremely important natural asset. The very best trees in South Bucks are legally protected by Tree Preservation Orders and carrying out works with out the necessary consent it a serious offence.

This case should send out a very clear warning that damaging or destroying protected trees has serious consequences and the council will take action. In this instance the owner was fortunate to avoid a substantial fine as a result of the activities of ‘Rogue Traders’.”