HC Deb 11 May 1976 vol 911 cc115-6W
Mr. Edge

asked the Secretary of State for the Environment if he will seek to increase substantially the fines which can be imposed on developers who cut down trees which are the subject of a preservation order.

Mr. Denis Howell

There is no limit to the fine which may be imposed on conviction on indictment for cutting down a tree in contravention of a tree preservation order, and in determining the amount of the fine the court is specifically required to have regard to any financial benefit accruing to the offender. The maximum fine for such an offence on summary conviction is £400—the customary limit of the magistrates' courts' fining powers—or twice the sum which appears to the court to be the value of the tree, whichever is the greater. The offence must be tried on indictment unless the magistrates' court decides in the light of representations by either party to try it summarily.