Newcastle men fined for chopping down protected tree and installing paving and lighting in its place

Two men who illegally chopped down a tree in Newcastle and installed lighting and a paved pathway in its place have been fined.

Usman Gohar, 36, and Stephen Maxwell, 59, felled the lime tree which had stood for decades in the grounds of a property in Westgate Road. The pair were caught after a shocked member of the public saw what happened and contacted Newcastle City Council’s planning department, which launched an investigation.

Planning enforcement officers found disturbed ground where the tree had once stood. Newcastle Magistrates' Court heard that the tree made an important contribution to the attractiveness of the area and was protected by a Tree Preservation Order dating back to 2004.

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Maxwell, of Purbeck Road, Newcastle, admitted a charge of either cutting down, uprooting, or wilfully destroying, or wilfully damaging in such a manner as to be likely to destroy, a lime tree in contravention of the Town and Country Planning Act 1990.

Gohar, 36, of Wingrove Road North, Newcastle, admitted a charge of either causing or permitting the works to be carried out. They were each fined £666 and ordered to pay £226 in a victim surcharge and £600 in prosecution costs.

In mitigation, the pair's solicitor said both men were remorseful and had each made contributions to the National Trust for tree planting. Cabinet member for Economy, Jobs and Skills, Cllr Dan Greenhough, who has responsibility for planning, said: “I’d like to thank the public for bringing this to our attention.

“Trees are not only beautiful living things, but they play an important part in cleaning the air that we breathe and making our neighbourhoods pleasant places to live. They are protected for a reason.

“You can’t just go around chopping down protected trees. If you are thinking of carrying out works to a tree you should contact the city council’s planning department to check whether it is protected, before doing anything or you may commit a criminal offence. I hope this case sends a strong message that we will not hesitate to prosecute those who breach Tree Preservation Orders.”

The council has said it will work with the landowner to replace the tree. If this does not happen by agreement, it can serve a Tree Replacement Notice and may carry out the work in default and recover the costs from the landowner.