Claire Rands, of sought-after cul-de-sac Mons Close in Allt-yr-Yn, said she had no idea she was doing anything wrong when she had the tree removed
09:36, 23 Aug 2025Updated 09:59, 23 Aug 2025
The large end of cul-de-sac property where Claire Rands had the lime tree taken down by a tree surgeon over a decade ago(Image: Media Wales)
A homeowner in Newport who had a 100-year-old lime tree chopped down in her back garden has been sentenced for it at crown court over a decade later. Claire Rands, of Mons Close in Allt-yr-Yn, said she had no idea she was doing anything wrong when she had a tree surgeon come to the house she shared with her husband Damon Rands and their four children.
The tree surgeon the Rands instructed, she said, chopped the tree down because there had been a number of serious grass fires in the common land area behind the houses at Mons Close in the early 2010s and she felt the tree could pose a hazard. It comes after three people were ordered to pay huge sums for tree felling in Swansea and Cardiff earlier this year.
The Rands family appeared in articles in the South Wales Argus and the Telegraph in 2012, the same year they had the tree removed, about how their tree had ended up on fire in the summer months after alleged deliberate grass fires had got out of control. Don’t miss a court report by signing up to our crime newsletter here
A number of their neighbours also complained of the grass fires while the Rands family failed with planning applications to have a tree preservation order – or a TPO – on their land lifted which would have allowed them to remove the tree.
A TPO, which had been placed on the lime tree in the Rands’ back garden because of its age and amenity value, is a legal order which protects specific trees. An order prohibits the cutting down, topping, lopping, uprooting or wilful damage or destruction of trees without explicit consent of the local planning authority – in this case the council – even if it’s on private land.
After the tall tree had been removed and a new tree put in its place, the Rands’ didn’t think anything more of it. But over 10 years later the couple were shocked to receive a letter from Newport City Council informing them they would be prosecuted for causing or permitting the destruction of a tree protected by a TPO. Damon Rands was later cleared of any wrongdoing while Claire Rands was found guilty after a trial at Newport Magistrates’ Court.
The incident happened at Mons Close in Allt-yr-Yn, Newport, in 2012 – 13 years later Claire Rands has been sentenced(Image: Media Wales)
The council said one of its ecologists had been walking in the area when they realised the tree had been chopped down years after the event. The council’s commissioned experts believed the property value of the half a million pound home at the bottom of the sought after cul-de-sac had risen by at least £50,000 due to the removal of the lime tree.
On Friday, after a long legal dispute between the two parties about the wording around the law on TPOs which the council said had made the matter a lot more difficult than it needed to be, Claire Rands lost the appeal against conviction case and was later sentenced on the same day by Judge Celia Hughes.
Claire Rands’ counsel, represented at Newport Crown Court on Friday by Rhys Rosser, argued during the appeal hearing that she could not be convicted of the offence of “causing or permitting a tree to be removed” because that is written into law in England and not in Wales.
In Wales, where the issue is devolved, Mr Rosser argued his client – because she didn’t physically take a tool to the tree herself – could only be convicted of the less serious offence under subsection four of the TPO which is a “contravention” of the order. He argued that because Claire Rands was not the one to have actually removed the tree she could not be convicted of the more serious offence.
Tim Straker, representing Newport Council alongside Elizabeth Nicholls, said: “There is no dispute that Rands engaged somebody and secured the large lime tree of considerable amenity value to be removed from her garden, to use the vernacular, lock stock and barrel. It is said that in Wales you cannot be guilty of an offence of causing or permitting the destruction of a tree protected by a TPO. But it is unsatisfactory that someone could order a protected tree to be cut down on their land but then run free from any responsibility.”
Judge Hughes agreed, concluding before sentencing: “It would be contrary to common sense that a householder could be prosecuted for a more minor offence when they are the person who directed the tree to be removed in the first place.” Judge Hughes said she would therefore be sentencing the defendant on the basis she “caused or permitted” the destruction of the lime tree.
During sentencing, Mr Rosser told the court the forecasts on how the felling of the lime tree might have aided the value of the property were based around “potential rather than actual” figures. He also argued Claire Rands subjectively felt she was doing the right thing at the time she had the tree removed and was a woman of previous clean character having never had any convictions or cautions.
The council’s commissioned experts believed the property value at the bottom of the sought after cul-de-sac had risen by at least £50,000 as a result of the felling(Image: Media Wales)
He argued the case involved a single tree, didn’t involve a commercial operator and the land had not been built on since. Mr Rosser also pointed out the matter was being sentenced 13 years after the incident.
Claire Rands was ordered to pay £100,000 in prosecution costs on top of a £16,000 fine. WalesOnline understands Newport Council spent significantly more than that in taxpayers’ money prosecuting the matter, including paying for two members of prosecuting counsel from Tree Law UK which Judge Hughes deemed unnecessary.
The court heard that, having previously been a director of an IT consultancy company which was owned by her husband and which had a multi-million pound turnover, Claire Rands was a woman of significant capital and would be able to afford prosecution costs and the fine in full. She must pay the fine within 12 months.
Following sentencing, the Rands family declined to speak to press. Sarah Dodds, of Tree Law UK, said after sentencing: “This case brings real clarity. Although the law in Wales is framed slightly differently to England, the court has now confirmed that causing or permitting the felling of a protected tree is an offence.
“That provides certainty ahead of the new Planning (Wales) Bill in 2026/27 which will make this explicit. The fine of £16,000, close to the maximum available, together with £100,000 in costs, sends a clear signal that breaches will not be tolerated.
“Newport [council] is delighted with the outcome, not only because its tree preservation orders have been upheld, but because this judgment confirms individuals can be held responsible even if they instruct others to carry out the felling. Most importantly, it strengthens protection for trees and gives confidence that they will be safeguarded for future generations.”
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