Burgess Hill homeowner guilty of felling protected tree

Michael Underwood, of Folders Lane, felled an ash tree covered by a Tree Preservation Order on his property and built a new patio in its place, without obtaining the required planning permission, the council added.

According to the council, the illegal tree felling was not Mr Underwood’s first offence as he had previously carried out unauthorised pruning work on a protected band of oak trees along the edge of his property, causing significant damage.

A council spokesman said: “By wilfully ignoring planning regulations, removing a protected tree and building a new patio, Mr Underwood was able to increase the value of his property. The Town and Country Planning Act 1990 provides that individuals should not profit from their offences and that the sentence should take account of any economic gain achieved by the offender.”

On Thursday December 10 at Crawley Magistrates’ Court Mr Underwood was found guilty of the offence and fined £5,000, which was reduced by a third to £3,333 due to his early guilty plea, according to the council. He was also ordered to pay a victim’s surcharge and costs to the council of £2,500.

Andrew MacNaughton, MSDC’s cabinet member for housing and planning, said: “Our tree officer invested considerable time to provide Mr Underwood with expert advice on this matter, both via email and over the phone.

“Mr Underwood chose to ignore that advice and removed a protected tree without obtaining the relevant planning permission, which is a clear breach of planning law.

“I hope the fines imposed by the magistrates in this case send a clear message that planning laws are as important as any other in this country and they must be respected.”