A tree surgeon and four residents of a Barnstaple street have been fined at court for damaging woodland trees covered by a Tree Preservation Order (TPO) following a successful prosecution from North Devon Council.
Gary Boyles of Poltimore Road, South Molton, along with Sara and Stewart Spearman and Diane and Michael Wogden, all of Magnolia Close, appeared at Barnstaple Magistrates’ Court on Tuesday 5 May 2026, where they each pleaded guilty to damaging protected trees at Whiddon Valley without the necessary consent.
The charges related to work carried out by Boyles at the Spearmans’ and Wogdens’ properties in January and February 2025. An investigation found eight of the trees had their canopies completely removed, reducing their heights by approximately 10 metres. This level of work was found to be likely to reduce the trees’ longevity and could lead to irreversible damage.
The trees were protected by a Woodland TPO, which prohibits the cutting down, topping, lopping, uprooting, wilful damage or destruction of trees without written consent from the local planning authority.
No application was made to the council before work took place, as the residents believed the trees were not subject to a TPO and no checks were carried out by Boyles to confirm whether a TPO applied.
Boyles was ordered to pay a total of £4,252, comprising a £1,000 fine, a £400 victim surcharge and £2,852 in costs.
The four Magnolia Close residents were each ordered to pay a total of £780 comprising fines of £200, victim surcharges of £80 and costs of £500.
Councillor Malcolm Prowse, Lead Member for Regeneration, Economic Development and Planning at North Devon Council, said: “Tree Preservation Orders exist to protect trees that make a real contribution to our environment and the character of our communities. This case highlights the importance of checking whether a TPO applies before carrying out any work on trees.
“We would always urge residents and contractors to check with the council before work begins to avoid irreversible harm and the risk of prosecution. It is a straightforward step that can prevent serious consequences.”
