An Essex based property boss has been ordered to pay over £3,600 after he admitted responsibility for damage to a Conservation Area tree.
Unauthorised excavation work carried out to the rear of the former Great Horton Library building in recent years had badly damaged the roots of a large tree, leaving its future uncertain.
On Friday, 24 April a court heard that the building’s owner, Soifur Rahman Siddiqui, admitted responsibility for the works.
He was fined £865 and ordered to pay £2,401 in costs to Bradford Council, along with a £346 court surcharge.
Siddiqui did not appear in court, but was represented by Ben Thomas, who pleaded guilty on his behalf to “Contravening tree preservation regs by damage of a tree in a manner likely to destroy it.”
The former library on Cross Lane dates back to 1912, and is Grade II listed, as well as being part of the Great Horton Conservation Area.
The large poplar tree that the charges refer to stands on an embankment behind the library building.
Waseem Raja, prosecuting the case on behalf of Bradford Council, told magistrates that the tree was automatically protected by virtue of being in a Conservation Area.
He said: “It was brought to the Council’s attention that works had been undertaken around the base of the tree. Excavation works resulted in the severing and damage of the tree’s roots. The defendant had previously been told in no uncertain terms that the no work should be carried out in this vicinity.”
He said 65 per cent of the tree’s root system was damaged by the unauthorised works, and showed magistrates photographs of the damaged route system.
As far back as 2020 the defendant had been warned not to carry out works around the tree.
Mr Raja said: “He would have had to notify the Council before any works commenced. He didn’t do that, and the unauthorised works caused substantial root damage.”
Mr Thomas pointed out that the tree is still standing.
Siddiqui, 40, specialised in purchasing and restoring properties – the court was told. Mr Thomas said: “He had the intention of restoring this property, which had been allowed to decay and fall into ruin.
“Significant work was undertaken. He is based in Essex and engaged local contractors to deal with the matter.”
He said these contractors did the works, and damage to the tree, without Siddiqui’s knowledge. He added: “This was not deliberate
damage.
“By his guilty plea he accepts he fell short in his responsibilities. But this is very different from someone deliberately or recklessly causing damage.”
He pointed out that the tree was currently in a dangerous state – and there was a real risk it could fall and damage neighbouring properties.
Mr Thomas told the court the defendant had not benefitted financially from the works – and had actually lost money.
But Mr Raja questioned the claim that there was no potential financial gain from the works.
He told Magistrates that in 2020 a planning application to convert the building into a restaurant was submitted to Bradford Council.
This plan would have included works to the rear of the building and the removal of an embankment to create a car parking area. This planning application was eventually withdrawn after tree officers raised concerns the works could damage a tree on the site.
A second planning application for the building was approved in 2020 to turn the building into a “private event venue for photography, art and media students to use to develop their studies”.
This plan retains the embankment at the back of the building, and the trees. Mr Raja said this permission has since expired, and no work has been done other than excavation work behind the building.
Referring to the initial plan to create a car park in this area, Mr Raja said: “He always had the intention to change the use of that area.”
Chair of the Bench Mr Knight said: “It was the responsibility of Mr Siddiqui to supervise the works and make sure it was being done right.”
He was fined £865, ordered to pay a £346 court surcharge and pay full costs of investigating the case to Bradford Council – £2,401.
In total he has to pay £3,612.
