A businessman who had overhanging branches lopped off a protected tree in his garden has had to fork out more than £1,300 after appearing in court – despite neighbours saying he should get a medal.
David Rae, 64, of Highfield Crescent, Baildon, pleaded guilty at the city’s magistrates yesterday to contravening a tree preservation order on a “nuisance” beech.
The court heard how Mr Rae had become sick of its branches overhanging his house, of sticky sap getting on to his and neighbours’ cars and of the amount of bird droppings and nuts dropped from it.
He was also worried that roots from the tree were lifting his drive, wrecking a garden wall and putting his home’s foundations at risk.
Magistrates were handed letters from three neighbours all supporting him for getting a contractor to lop the top branches of the tree.
But Dennis Schuhlmann, prosecuting for Bradford Council, said a tree expert had been called in to look at the state of the tree after it had been lopped and declared it as good as dead with its life expectancy being chopped from 40 years to two. It might even have to be removed now because it is “a liability” he said.
Mr Rae got a contractor, who he could not name, in to do the job for £350.
The court was told how Mr Rae had been pleased with the job and that his neighbours had been “highly delighted” but a member of public who alerted Bradford Council was not.
Mr Rae said although he knew there was a tree preservation order in force he did not know its terms.
He was given a conditional discharge for 12 months and ordered to pay back the council’s costs totalling £1,326. He will also have to pay his own solicitors’ costs of between £1,500 and £2,500.
Following the hearing, Mr Rae said: “The Council didn’t need to do this but they decided to hit me with everything they had.
“I have never committed a crime in my life, I’m 65 this Christmas and now I’ve been made a criminal.”
However, he added: “I think the magistrates were fair in their judgment.”
William Bairstow, 87, is one neighbour who supported Mr Rae in chopping the tree. He said he had had to keep his lights on during the day because the tree’s canopy kept out the sun.
Mr Bairstow said: “I had a stroke two years ago and the light was very important to me because I had to practice reading and walking. As far as I’m concerned, he’s done a lovely job and I’m very pleased.
“He deserves a medal, not a court summons.”
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