A BUILDER who hacked a 100-year-old protected "landmark" tree is facing a fine of up to £20,000 after chopping into the sycamore with a chainsaw and killing it in a fit of "frustration" when council chiefs refused to let him cut it down.

 

Robert Wilkie twice applied for planning permission to build homes on a piece of land in Kinghorn Road, Burntisland, Fife - but failed after a deluge of objections by neighbours and even the local MSP.

They feared Wilkie's development would end up killing the towering sycamore - described as a local landmark and an "ancient symbol" of the area.

Fife Council put in place an additional tree preservation order in 2012 to protect the tree, which sat in grounds adjacent to a home owned by Wilkie in Kinghorn Road.

Kirkcaldy Sheriff Court heard Wilkie had sold the land which the tree sits on for £10,000 to his daughter and that she had last year applied for permission to build flats on it. That application was put in on the same day Wilkie took a chainsaw to the tree.

Wilkie was overheard saying he was "tired of people telling him what to do".

Neighbours called in Fife Council who carried out an assessment and reported that two rings had been cut around the tree's circumference. That deprived the tree of sap - killing it and meaning it had to be cut down for safety reasons.

A sheriff branded Wilkie's destruction a "disgrace" and said he had to be convinced that Wilkie would not financially benefit from the tree being cut down before he could pass sentence.

Wilkie, 59, of Bangholm Terrace, Edinburgh, pleaded guilty to wilfully damaging the tree contrary to a tree preservation order on June 16 last year.

Nigel Cooke, defending, said: "He doesn't accept there will be any financial benefit to cutting the tree down. He sold the land to his daughter and it's not currently capable of development.

"His position is he was frustrated because he considered the tree was potentially damaging his property adjacent to it. He will replace the tree.

"He was in the building industry but was hit by the downturn and now works as a building surveyor and consultant. He has been sequestrated recently."

Sheriff James Williamson said: "He has effectively destroyed a tree that was a local landmark. It's quite shocking behaviour.

"The penalty is limited to a financial penalty of up to £20,000. I need to know if he's going to have any financial benefit.

"I can't help but feel he has contrived this situation between the transfer of the property to his daughter then the sequestration. He now finds himself here with limited financial circumstances which I have to consider.

"I think this is just an absolute disgraceful piece of behaviour."