Ancient tree felled by mistake, developer tells court

The 176-year-old tree was planted by the Dillwyn Llewelyn family

A Carmarthenshire property developer has denied being responsible for cutting down a 176-year-old giant redwood and other protected trees.

Fiorenzo Sauro of Enzo's Homes Ltd has appealed against a £300,000 fine imposed in 2019 for ordering 70 trees to be felled in 2018.

Tree felling contractor Arwyn Morgan was fined £120,000 for destroying ancient woodland.

In his appeal, Mr Sauro said the Wellingtonia was felled "by mistake".

He earlier told Swansea Crown Court Mr Morgan had "obviously got disoriented and went outside the [boundary] line" of the housing development.

He was asked by barrister Jonathan Rees about protection fencing for trees, which Mr Rees described as inadequate.

"It was incorrect - not inadequate," said Mr Sauro. "I know that we fenced off right round the boundary."

He agreed the company did not use specified stakes because they tied the fence to the trees, but denied they started building at the development in Swansea before conditions allowed.

He was asked about a visit from Anthony Fitzgerald, who was concerned about what was happening and took a photograph of the Wellingtonia, which had been felled.

The court heard Mr Fitzgerald was told by Mr Morgan: "It had to come down because there is a road going through there."

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Mr Sauro was also questioned about a plan to build further houses on a nearby site.

"I was under contract with the council to build another phase - it made sense to link those up. But it was all subject to planning," he told the court.

During questioning, Mr Sauro responded heatedly that he accepted they should not have taken that tree and others down.

"We have taken it down by mistake. As a business we have made a mistake. But I did not instruct them to take down those trees.

"I did not instruct anybody to cut that woodland down. The boys have done a balls-up. They took a wrong line.

"Fine me - go do what you want to do - I have had enough of this, let me go home."

Mr Sauro agreed it was his expectation that Mr Morgan would follow the conditions of the tree preservation order, adding that he did not speak to him on a daily or weekly basis and never gave instructions for the Wellingtonia to be felled.

He was asked by the judge about fences being taken down and said he thought they were removed just before the Wellingtonia was felled.

"Plainly, someone knew on site that road was going through there," said the judge.

Mr Sauro replied that workmen on the site did not know a road was going there. He had not discussed a road going through there with anyone at all, he told the court.

Site manager Carl Anderson told the court he had been asked by tree contractor Arwyn Morgan whether the redwood was to be chopped down about six weeks before it was felled.

He added: "I said 'if it is not marked as protected on the drawing it is coming down'. He said 'well it is dying anyway'.

"I regret now that I didn't check the drawing."

The trial continues.