A former business boss and mother-of-four must pay £116,000 for illegally chopping down a “magnificent” historic tree in her own garden after a 13-year battle.
Company director Claire Rands – wife of a wealthy tech pioneer – made six unsuccessful planning applications to remove the 100-year-old lime outside her luxury home.
She claimed she was worried about the risk posed by fires in surrounding grassland spreading to the tree, which was covered by a tree preservation order (TPO).
But a court heard Rands and her businessman husband Damon, 55, had been told their imposing £400,000 home in the leafy Allt-yr-yn suburb of Newport, South Wales, would increase in value by around £50,000 without the 70ft tree.
Ignoring the order, Rands, now 54, ignored the preservation order and had it chopped down anyway around a decade ago – a move which went unnoticed for several years until council officers noticed the tree was missing.
Its trunk and branches were found fly-tipped nearby.
Now Newport Council has won a landmark private prosecution after Rands was found guilty of illegal tree-felling at the site close to an ‘important nature reserve’.
District Judge Sophie Tomas branded Rands ‘arrogant’ after she was convicted following a trial at Newport Magistrates’ Court.
Company director Claire Rands (pictured) – wife of a wealthy tech pioneer – made six unsuccessful planning applications to remove the 100-year-old lime outside her luxury home
A court heard Rands and her businessman husband Damon (pictured), 55, had been told their imposing £400,000 home in the leafy Allt-yr-yn suburb of Newport, South Wales, would increase in value by around £50,000 without the 70ft tree
Ignoring the order, Rands, now 54, ignored the preservation order and had it chopped down anyway around a decade ago – a move which went unnoticed for several years until council officers noticed the tree was missing
Her husband was cleared of blame for the illegal felling in the garden of their five-bedroom home.
During a further hearing at Newport Crown Court on Friday, where Rands unsuccessfully appealed her conviction and she was then sentenced, Timothy Straker KC, representing Newport council, said: ‘Mrs Rands did not take an axe to the tree but engaged someone to do it for her.
‘A large lime tree was taken away, to use the vernacular, lock, stock and barrel.
‘It was a breach of the current legislation and is a criminal offence.’
The court heard the tree was near to an ‘important’ nature reserve with ‘magnificent lime trees’.
The tall tree was removed and a new tree put in its place without any immediate complaint.
Rands argued about safety concerns for her family after being forced to leave her home in 2012 when a raging fire left a trail of devastation after arsonists set a blaze that spread across 15 acres.
The family claimed they were ‘shocked’ to receive a letter from Newport City Council informing them they would be prosecuted for causing or permitting the destruction of a tree protected by a TPO.
Rhys Rosser, representing Rands, said: ‘She is of previous good character with no convictions against her.
‘In this case, the trees were subject to a tree preservation order due to their age, size and amenity value.’
Rands is a former company director at an IT consultancy firm but is no longer working after the company was bought in a multi-million pound takeover
Mr Rosser added: ‘She has no income of her own and relies on her husband.’
Rands appealed on the basis that she had been wrongly prosecuted, claiming current legislation applied to England not Wales but she was unsuccessful.
Mr Rosser argued that she could not be convicted of the offence of “causing or permitting a tree to be removed” because that is written into law in England and not in Wales.
But Tim Straker, for Newport Council, said: ‘It is unsatisfactory that someone could order a protected tree to be cut down on their land but then run free from any responsibility.’
Upholding her conviction, Judge Celia Hughes said: ‘She has shown arrogance in blatantly ignoring the tree preservation order.
‘She knew fully well of the order – this offence was committed deliberately.’
Damon Rands (pictured) was cleared of blame for the illegal felling in the garden of their five-bedroom home
Rands appealed against her conviction at Newport Crown Court on a technicality but her case was thrown out and she was ordered to pay a £16,000 fine plus £100,000 costs
Judge Hughes added: ‘It would be contrary to common sense that a householder could be prosecuted for a more minor offence when they are the person who directed the tree to be removed in the first place.’
The court heard Rands was a ‘woman of significant capital’ – despite her claim to be reliant on her husband.
Judge Hughes sentenced her to a £16,000 fine and ordered her to pay £100,000 costs.
After the hearing, the Rands family declined to comment.
Sarah Dodds, of Tree Law UK, which supported the council, said after sentencing: ‘This case brings real clarity. Although the law in Wales is framed slightly differently to England, the court has now confirmed that causing or permitting the felling of a protected tree is an offence.’
‘This judgment confirms individuals can be held responsible even if they instruct others to carry out the felling. Most importantly, it strengthens protection for trees and gives confidence that they will be safeguarded for future generations.’
A Newport council spokesperson said: ‘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.’
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