What are the penalties for carrying out unauthorised works affecting works affecting a protected tree?
It is a serious criminal offence to carry out unauthorised work that damages or destroys protected trees. The Council may bring a criminal prosecution for unlawful work against both the owner giving instructions and the party actually carrying out the work. Such work can include, for example, excavations or lighting fires that cause damage even where the damage to a tree is incidental, rather than direct. The onus would be upon the owner and/or contractor to prove that the work carried was exempt from the requirement to make an application / notification. The courts can impose a summary fine of up to £20,000 for each offence (as at January 1992), and this can be increased to an unlimited fine if the case is indictable.
