![202403476 A2 - [2025] EWCA Crim 1384](https://backend.juristeca.com/files/emisores/logo_sHeHK8V.png){kind=logo}
Introduction
On 29th July 2024, in the Crown Court at Chelmsford before Mr Recorder William Clegg KC the appellant pleaded guilty on re-arraignment to having contravened a tree preservation order (“TPO”) contrary to s. 210(1)(c) of the Town and Country Planning Act 1990 (“the 1990 Act”). The particulars of the single count were that the appellant caused or permitted the cutting down of at least 132 trees in breach of the order made by Epping Forest District Council (“the Council”). On 30th August 2024 the judge sentenced the appellant to a fine of £200,000, or in default 3 years’ imprisonment.
Mr Chamdal appeals against sentence with the leave of the single judge. The Council brought the prosecution as the local planning authority for its area and is the respondent to this appeal. We are grateful to Ms Chalkley KC who appeared for the appellant and to Ms Lambert who appeared for the respondent for their helpful written and oral submissions.
On 22 June 2023 two arborists Jan Lloyd and Matthew Watson-Thomas pleaded guilty to having contravened the TPO and were committed for sentence to the Crown Court. On 8 August 2023 they were each sentenced to a fine of £20,000.
The issues on this appeal is whether the fine imposed on the appellant was manifestly excessive because:
It was agreed before the Crown Court that the appellant’s culpability was one of strict liability and not deliberate defiance of the TPO;
The offence was not committed for financial advantage;
There is a substantial and unjustified disparity between the fine imposed on the appellant and the fines of £20,000 imposed on each of the arborists who carried out some felling work.