The highest illegal tree-felling fine yet – £268,751 – imposed on landowner for illegally felling woodland.
Maybe in the light of the nation’s grief at the wanton felling of the Sycamore Gap tree on Hadrian’s Wall, the Forestry Commission has ramped up its determination to prosecute illegal tree felling, securing the highest fine yet against Motor Fuel Ltd.
In 2019, Motor Fuel Ltd felled an area of mixed broadleaf woodland beside a petrol station. This was to facilitate a proposal to extend the premises.
The Forestry Commission investigated the case and served the landowner a Restocking Notice under Section 17a of the Forestry Act 1967, requiring the area to be replanted.
When Motor Fuel Ltd failed to comply, they were served a further Enforcement Notice under Section 24 of the Act.
It is a criminal offence to fail to comply with an Enforcement Notice (without a reasonable excuse), so the case was referred to the Criminal Prosecution Service which brought charges against the owner.
On January 28th this year, the landowner pleaded guilty at Leicester Magistrates’ Court to failing to comply with the enforcement notice to replant after the illegal felling in 2019. The Court ordered Motor Fuel Ltd to pay fines and costs that reached a total of £268,751. This is the highest fine imposed in England so far.
A further requirement to maintain replanted trees for ten years was also imposed. Failure to comply with this Court Restocking order will amount to contempt of court, potentially incurring a custodial sentence as well as further financial penalties.
The Forestry Commission is toughening its action in striving to protect the Nation’s shrinking areas of forest and woodland with increasingly action. The Forestry Commission’s Area Director for the East and East Midlands, Richard Pearce, said:
“Felling trees without a licence or failing to comply with an Enforcement Notice is unacceptable.
“This case demonstrates how seriously the Forestry Commission and the courts take the protection of trees, woodlands and forests, and the harm caused by illegal felling to the climate and nature”.
Landowners and individuals need to be aware that owning property within a conservation area, or a land on which there are trees protected by Tree Preservation Orders, places legal constraints on what may be done with those trees.
Cutting down a protected tree carries a fine of up to £20,000 in a local Magistrate’s Court, but at the Crown Court, there is no maximum fine.
In Newport, an ‘arrogant’ homeowner had a protected lime tree felled to allow light into her conservatory. It was one of eight magnificent specimens, each over 100 years old. She had had six applications to fell the tree rejected, so had it felled anyway, claiming in court that it was because it was ‘unsafe’. Although the felling took place over ten years previously, the action was spotted and in January 2025, she was fined £16,000 and £100,000 costs.
For more information on when a felling licence is required, see ‘Tree felling licence: when you need to apply’ on the GOV.UK website. There is an online system for applying for licences to fell.