Mrs Rands was found guilty at a hearing this week at Newport magistrates’ court, and her case has been referred to Newport crown court for sentencing next month. Mr Rands was found not guilty.
A tree preservation order is a legal order which protects specific trees, groups of trees or woodlands in the interests of amenity. An order prohibits the cutting down, topping, lopping, uprooting, or wilful damage or destruction of trees without the explicit consent of the local planning authority. This applies even if a tree is on private land.
In this case, the trees were subject to a TPO due to their age, size and amenity value.
The felled tree had been fly-tipped on the nature reserve behind the Rands’ property, and was discovered by an ecologist from the council, who then noticed a gap in the line of eight protected lime trees. This then led to a site visit to inspect the trees and investigation into what happened.
The Rands had the tree felled sometime in 2012, claiming it had been damaged during a wildfire which had occurred on the nature reserve behind their property.
The council successfully argued that there was no evidence to suggest that the tree had been damaged, nor would it have been in this instance.
The Rands also tried to argue that ‘causing or permitting a tree to be removed’ is not law in Wales, and therefore because they were not the ones to have actually removed the tree, they couldn’t be found criminally liable. This was also rejected by the judge at Newport magistrate’s court.
Following a return of a guilty verdict, the case will now be sent for sentencing. The sentence for illegal felling cases is a limitless fine, together with a costs order to be paid to the council. The value of these will be determined at sentencing.
The case has wider implications for how the law around TPOs is applied in Wales. Causing or permitting the illegal felling is being explicitly added into the Welsh law with planning amendments coming into force in 2026, but this gives clarity to planning authorities across the country that, pending those changes, a prosecution for causing or permitting a felling can be pursued successfully in Wales.
“I’m very pleased that we have succeeded in bringing this successful prosecution,” said Councillor Yvonne Forsey, cabinet member for climate change and biodiversity.
“This case demonstrates the importance of following correct procedures with regards to tree preservation orders.
“We will not hesitate to take action against anyone found to have breached an order and illegally felled a tree.
“I would encourage anyone thinking of undertaking work on a tree on their land to double check with us first to ensure it is not subject to any restrictions.”
Sarah Dodd, founder of Tree Law who acted for the council said: “Newport City Council’s decisive action underscores the critical importance of protecting our nation’s trees. This landmark case sends a clear message: illegal felling will not go unpunished.
“The case has been referred up to the crown court for sentencing and the prosecution will be seeking a fine and costs order to reflect both the value of our natural heritage and the seriousness of this offence.
“This sets a vital precedent for planning authorities across Wales ahead of the 2026 legal amendments which will formally bring causing or permitting illegal felling into the Welsh statute.”
