£5,000 fine for chopping down tree

Exclusive: Yakub Qureshi

April 11, 2009

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Nicola Ford

Nicola Ford 1/3 Play Slideshow

A PROPERTY developer who cut down a century-old tree to increase the value of the site has been forced to pay nearly £7,000.

Nicola Jane Ford, 45, pictured below, told builders to cut down the protected magnolia in the garden of the former doctor's surgery where she planned to build flats.

She said she had 'forgotten' about the tree - but Manchester magistrates didn't believe her.

They told her: "We believe this was a deliberate act to make your investment more attractive. By your own admission, you are an experienced developer and were fully aware that an order existed on this particular tree."

The court heard how council housing officers issued a demolition notice on the bungalow after neighbours complained the vacant building was in a `ruinous and deteriorated' state.

Weeping in court, Ford said she instructed workmen to `level the site' after receiving the order last September, but had forgotten the mature tree was protected by law.

But council officers say Ford used the demolition order as an excuse to get rid of the mature tree, thereby improving the value of the site.

She was interviewed and confirmed she had previously been told that a tree preservation order existed.

Ford, who bought the property in March 2006, said: "I was aware there was a tree preservation order, but because I hadn't been able to carry out any work on the house for some time, I had forgotten there was an order.

Oversight

"There was no financial gain for me to remove the tree. It would not have prevented me from developing the site. It was a complete oversight.

"I thought the notice from the council asked me to clear the whole site because it was now in such a terrible state.

"People are taking drugs on the site and I was concerned that there was a school nearby and children could injure themselves on the site because the building was run-down."

But magistrates said they did not believe her excuse.

Ford, of Kingston Road, Didsbury, was fined £5,000 after pleading guilty to breaching the Town and City Planning Act 1990 and must pay £1,765 costs.

Ford, who is listed as holding positions on seven property and building firms, said she hoped to build two new houses on the still vacant site.

The city council said they will replant the tree on the same spot, but it would take decades to reach maturity.

Neighbour Sheila Newbery, who raised the alarm with council staff, said the tree had been one of the area's key landmarks.

She said: "It really was magnificent. Everyone recognised it and had grown used to it.

"I went by just as they were cutting it down. There were three burly men with a chainsaw. I don't believe it was done accidentally.

"It's such a shame for the neighbourhood."

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nyb, ex manc (11/04/2009 at 08:46)

Magnolia isn't even native to UK. They're from the far east.
How can it have been given a preservation order?
They are just ornamental garden shrubs and trees, literally millions are planted in gardens throughout the country.

Bobby Johnstone's left kneecap, Hong Kong (11/04/2009 at 09:20)

NYB it does not matter what genus of tree it was. A preservation order is just that and not to be ignored. Trees are there for all the community to enjoy and not there for some greedy developer to axe as they see fit. In my opinion, the workers who committed this philistine act should also be prosecuted.

ron-f, out of town (11/04/2009 at 09:26)

she was barking up the wrong tree trying to fool the courts

Bejjy ex Salford now Malta, Malta (11/04/2009 at 09:39)

Some people put profit before anything else.

nyb, ex manc (11/04/2009 at 09:42)

Ornamental trees are planted for the enjoyment of the owner of the property. It would have been different if it had been oak, beech, sots pine, rowan, etc, which are native to UK.

nyb, ex manc (11/04/2009 at 09:48)

And by being entrepreneurs and pursuing profit they create much needed employment, while others just find reasons to criticise and put them down. A magnolia is just that a foreign, ornamental garden tree or shrub, there are millions upon millions in gardens, and bought and planted each year. I have two, one a tree and one a shrubby variety, I don't think I would like it very much if I decided my garden need changing and the tree was now too big for its space, then found someone had applied for and obtained a preservation order.

Mark, South Manchester (11/04/2009 at 09:56)

Wow this story and not "TERROR SUSPECTS WORKED AT AIRPORT" is your headline today???
Guess this is what happens when GMEN cuts jobs in the regions - we have to "rely more & more" on 'London' for serious investigative reporting? Even on our own patch!

jeffb, buxton (11/04/2009 at 10:04)

The court should make her wait untill the trees have matured before she can build on the land.

Jamie William (11/04/2009 at 10:11)

worlds gone mad

Theowolfe (11/04/2009 at 11:04)

There is no native species of tree here. Many of the so called native species arrived here from elsewhere following the end of the ice age. So by that measure all trees that grow here are foreign.

manchester girl (11/04/2009 at 11:47)

another beautiful tree lost. god help us

nyb, ex manc (11/04/2009 at 11:48)

Somewhat pedantic Theowolfe, don't you think?
So none of us are natives of UK then because we all came fron Africa originally?

Mark,Radcliffe. (11/04/2009 at 12:20)

Withdraw the planning permission,until such a time when the re-planted tree reaches maturity.Then she can re-apply.

Esso Blue , Manchester. (11/04/2009 at 12:23)

I have an idea, I know there are people who love trees and they hug them and talk to them and are aware how valuable they are to the eco system but it shouldn't end there.

Money is a by product of the tree and I feel that the money needs the same care and attention as the tree does as it is from the tree family. Some of this money is lying in banks for years at a time collecting dust and in total darkness and not getting the light it needs, I think it should be spoken to and cared for and every now and again taken for a walk. Through the week I am willing to sit and talk to the money and keep it company and as a one off I am willing one weekend to take some for a walk.

Peter M, Mcr (11/04/2009 at 12:31)

The sad thing is that cutting down the tree could increase the value of the land because more flats could be squeezed in.

The Thunderer (11/04/2009 at 13:00)

Some of the comments here clearly show a complete lack of understanding of what Tree Preservation Orders are about. The primary objective of the order is to keep the tree or trees as they are seen as an "amenity" to an area. It is not about protecting native species (whatever they are given migration over the last four thousand years)but about its local context. Clearly this was of value as can be seen by the response from neighbours.

If a new planning application is to be made as part of the landscaping scheme it could be conditioned that in addition to the replacement tree, other semi-mature trees could be added (at some considerable cost!!!).

mancyank , Pennsylvania USA (11/04/2009 at 13:30)

Ruinous and deteriorated state of repair the nosey neighbours said. Magnificant tree though one nosey neighbour said. Ahh nosey busy body neighbours, The North of England is full of them. No life so to speak of, just wander around the neighbourhood looking for some thing to complain about.
Most are retired living on meger state pensions and hating life. They look out their living room windows mostly because the weather sucks most of the time. But once the weather does break for them they nip to the corner shop and along the way they look for things to complain about to the council. Ahh the English way of life in the North I don't miss it one bit.

Theowolfe (11/04/2009 at 13:36)

"So none of us are natives of UK then because we all came fron Africa originally?"

Well, pretty much, yes.

The nation state is a relatively modern concept.

Pandora (11/04/2009 at 13:38)

It´s atree for goodness sake. Meanwhile in Afghanistan...

abu dhabi city group (11/04/2009 at 13:56)

At last, someone with a lame excuse being told they are not believed. school nearby, only thinking of those childrens safety?

Well done the magistrates for not allowing this pitiful attempt at wriggling out of her responsibilities to happen. I salute you all

Chelley, Milan (11/04/2009 at 16:00)

Mancyank, if that's the way you feel about life in the north of England, what are you doing wasting time reading M.E.N? You surely must have something much more interesting to do.

grumpy old sod, sale (11/04/2009 at 16:40)

Replace like with like is usually the norm, I just hope that crime doen't pay and that the tree has to be replaced. Otherwise £7000 is a small price to pay.

JoeStalin,Gorton (11/04/2009 at 17:07)

Yep, well done magistrates. I've never come across a tree sharp enough to injure a child yet. It doesn't matter how the tree ended up with a preservation order on it, the fact is, it had one. Why do so many people these days think they are above the law. I'm glad she was weeping like a willow in court. Maybe the arrogant sod will think twice next time.

nyb, ex manc (11/04/2009 at 17:21)

mancyank...I couldn't agree with you more, about people pushing their noses into other peoples affairs on their own property. The fact this tree had a preservation order in the first place is ridiculous, has anyone looked at the picture of it! If people want trees two metres from their houses then there is nothing to stop them planting as many as they want, if they are so concerned abput the amenity value to their neighbourhood

Guten Tag, 1 UK Civ Div, Manchester (11/04/2009 at 17:51)

Yeah, it's only a tree, something that has been rooted there for a century. As humans, we really have to kill and destroy everything that we see. When we as a race are long gone (and that is going to happen), trees and everything else that doesn't have a need to destroy will be still here. I despair for us sometimes.

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