A farmer has been fined £112,197 in Newport Magistrates Court after illegally felling around two hundred beech trees that belonged to an ancient hedgerow at Pen y Fan farm, Manmoel, and were worth an estimated £52,500.
An investigation by Natural Resources Wales (NRW) found that no felling licence was in place to remove the trees, and that due to the importance of the area as a valuable habitat for wildlife no licence would ever have been considered for the removal of the trees.
Mr Smith, who felled the trees as an act of "revenge" in a planning dispute, claimed that he had felled the trees at the request of a third party. He said that he had been approached by a representative of the new tenant, Glidemeister. Glidemeister denied Mr Smith's allegations, leading NRW to conclude that the tree felling was carried out deliberately by Mr Smith for financial gain. The land was being used to install solar panels, and the company in fact wanted the trees in place to provide screening for the panels.
As NRW prevent timber from illegally felled trees from entering the open market, it is not possible to legally sell illegally felled trees. The commercial value of the trees, commonly used as firewood, was calculated as being around £8,000, or £40 per tonne. Their amenity value, considering factors such as age, type, size and location, was approximately £44,510.
Prosecutor Muhammed Yaqub told the court that Mr Smith's actions were motivated by a planning dispute regarding the land. Mr Smith had applied to do something on the land and had failed to get permission. When the solar company put in their own plans, he objected. Mr Yaqub stated that Mr Smith "wasn't able to do what he wanted, and this was a revenge – ‘if I can't have that land, no one else can.’"
Mr Smith failed to appear in court in person, however the magistrates agreed that the case would proceed without him. The magistrates issued a maximum fine of £105,082 and ordered Mr Smith to pay £6,945 in costs to NRW and the court.
