Clovercourt Property Ltd admitted felling tree in Sandpit Woods, Carpenders Park

A developer has been cautioned for felling a protected tree in an area of woodland in Carpenders Park.

Clovercourt Property Ltd admitted breaching a Tree Preservation Order (TPO) during works in Sandpit Woods in March 2012.

A complaint from residents prompted an investigation by Three Rivers District Council which led to Clovercourt and another developer, Masma Ltd, being issued with a court summons.

Both denied breaching the order and were due to appear in Watford Magistrates Court on Monday (February 18). But at the hearing the council offered no evidence against either party.

The case ultimately focused on one tree that was felled - most trees on the private site were not subject to TPOs.

Councillor Keith Williams, cabinet member for leisure and community, said: "This situation was entirely avoidable and local residents were rightly shocked and angry.

"The preservation orders are legally enforceable and the caution should act as warning to any developer who would consider felling trees without checking with their local authority first.

"We will not hesitate to take legal action against any company cutting down trees illegally.

"The district council also has powers to stop illegal tree felling before it happens.

"Residents are our eyes and ears and they should contact us immediately if they have any concerns about tree works."

The conclusion of the legal challenge comes just days before the council is due to consider applications from Masma and Clovercourt to build four bungalows on the site with access onto Little Oxhey Lane.

Tonight (Thursday, February 21), the council’s planning committee will discuss the application and the planning officers’ recommendation that it be refused.

Reasons given for the recommendation include concerns about the safety of the access road, overdevelopment of the site, insufficient turning space for waste and recycling vehicles, lack of consultation with Network Rail about the proximity of the site to railway lines and the additional stress the development would place on local amenities.

Consultation documents show Hertfordshire Highways found visability to be a problem at the access to Little Oxhey Lane.

An official wrote: "The proposed access arrangement and its close proximity to the brick parapet wall of the railway bridge would put users of B4542 Little Oxhey Lane at a high risk of a collision, either with a vehicle emerging from the development or with a vehicle travelling behind (in the event of a sudden braking manoeuvre)."

Neither Masma nor Clovercourt had responded to requests for comment at the time of publication.

Comments(4)

LSC says...
12:54pm Thu 21 Feb 13

I'm confused; there was no evidence offered but they admitted doing it?
Doesn't that count as evidence?
And it all took nearly a year to give multi-million pound companies a slap on the wrist.

garston tony says...
12:52pm Fri 22 Feb 13

I'm not going to accuse all developers of this but I'm pretty certain its not unknown for tree preservation orders to be ignored and protected trees cut down if they stand in the way of an area being developed the way they want it to be. This is mostly because usually the outcome is a fine which will be treated and may even be factored in before hand as just another cost of the development and wont affect ultimately the profit made.

Problem is once a tree is cut down it cant be put back up and it only takes a matter of minutes to cut down so even if someone does spot a protected tree being approached with a chain saw it'll be getting shredded before anyone official turns up to try and stop it.

What's needed is tougher penalties, I'm thinking draconian fines (100% of profit) or if the development hasn’t actually started total withdrawal of planning permission. Something like that would stop cowboy builders from thinking they can basically ignore court orders.

garston tony says...
12:54pm Fri 22 Feb 13

Id also introduce a law saying council permission should be granted before any tree can be cut down unless it possess and immediate health and safety danger ie its already half blown over due to wind

TRT says...
3:54pm Fri 22 Feb 13

Quite. There is a sPecial procedure for a planning application which involves tree removal. I bet hardly any have been submitted. The developers simply chainsaw down all the trees before they submit the application. It's happened next door to me. Less than 3 months between a week long lumber party and a letter through the door re the application.

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