Malvern business illegally cut down protected woodland

J Prosser and Son has been ordered to pay more than £7,600 and must plant almost 800 replacement trees.

The business, a haulage and excavation contractor that owns the land, was prosecuted in Kidderminster County Court in November last year.

Malvern Hills District Council’s planning services team were informed that illegal tree work was taking place on Lower Howsell Road, next to the former gas works site, in May 2021.

When officers visited the site they discovered that around 5,500 square metres of protected woodland had been felled, which goes against section 210 of The Town and Country Planning Act 1990.

The woodland was protected by a woodland Tree Preservation Order 558 (2015). No application had been submitted to the council, and therefore no permission had been granted for the works.

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At court, the business admitted felling the trees and was fined £2,677. It was also ordered to pay full council costs, amounting to £4,812, and a victim surcharge of £190 – a total of £7,679.

A tree replacement notice has also been issued, requiring the landowners to plant just under 800 trees of mixed native tree species at their own cost and within the current planting season.

Cllr David Harrison, portfolio holder for planning and flooding at the council, said: “This prosecution is a reminder of the consequences that can happen when unauthorised felling of protected trees takes place.

“It can result in significant harm to the area’s green infrastructure, biodiversity, and more. We implore people to educate themselves and to abide by the laws in place.”

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