Jurisdiction(s):
United Kingdom

R v Chamdal: Court of Appeal (E&W) confirms strict liability for TPO offences; landowners primarily liable despite contractors; deterrent fines under Sentencing Act 2020 reflecting harm and means.

Published on: 05 November 2025

Published by a LexisNexis Planning expert

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R v Chamdal [2025] EWHC 2809 (KB) What are the practical implications of this case?

The Court of Appeal affirmed that breaches of TCPA 1990, s 210 are offences of strict liability, placing primary responsibility on landowners—even those who have merely exchanged contracts—to ensure compliance. Depending on contractors will not lessen blameworthiness where substantial works are undertaken without checking TPO status and securing written approval.

With no bespoke sentencing guideline, courts will apply the General Guideline: Overarching Principles alongside the Sentencing Act 2020, with a strong emphasis on deterrence and the offender’s means. Significant financial penalties are therefore probable, even in the absence of any demonstrated financial motive.

The court adopted a broad concept of ‘harm,’ taking into account the number, age and value of the trees, the extent of the affected area, and impacts on amenity, biodiversity and carbon storage. Prior permissions do not authorise fresh felling, and comparisons with contractor sanctions carry limited weight—landowners who benefit from the works should anticipate higher fines.

In practice, developers and landowners should reinforce due diligence by:

locating and mapping all trees protected by TPOs;
obtaining written LPA consent before any cutting;
documenting all checks undertaken;
issuing contractors with clear, written compliance instructions.

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