Four Barnstaple residents and tree surgeon fined for damaging protected trees

Its after canopies from eight trees at Whiddon Valley without council permission

Author: Lizzie CouttsPublished 11th May 2026

A tree surgeon and four Barnstaple residents have been fined after admitting to damaging protected trees at Whiddon Valley without council consent.

Gary Boyles, of Poltimore Road, South Molton, was hired by Sara and Stewart Spearman and Diane and Michael Wogden to carry out tree work at their Magnolia Close properties in January and February 2025.

However, the trees had Woodland Tree Preservation Orders (TPOs), which prohibits the cutting down, topping, lopping, uprooting, wilful damage or destruction of trees without written consent from the local planning authority.

An investigation found eight trees had their canopies entirely removed, lowering their heights by around 10 metres.

North Devon Council said it found this was likely to reduce the trees’ longevity and could lead to irreversible damage.

The council added that the residents believed the trees were not subject to a TPO, and no checks were made by Boyles to confirm their protection status.

Gary Boyles 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.

Boyles was fined £1,000 at Barnstaple Magistrates’ Court on 5th May 2026, and also ordered to pay a £400 victim surcharge and costs of £2,852.

The four residents were each fined £200, ordered to pay an £80 victim surcharge, and court 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."

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