A WINCHESTER nursing home and its contractor have been convicted of illegally chopping down a protected tree.

The pine tree was unlawfully cut down at the St Catherine’s View home in Stanmore.

The city council took action against Colten Care and Andrew Gates Ltd for the breach of the tree preservation order in May 2014.

Andrew Gates Ltd pleaded guilty to cutting down a pine tree in contravention of the Town and Country Planning Act 1990, while Colten Care admitted causing or permitting the cutting down of the tree.

Both defendants had initially denied the allegation but changed their plea at Basingstoke Magistrates Court.

They had both also faced eight other similar charges but these were dropped due to a lack of evidence.

Andrew Gates Ltd, based at Station Road, New Milton, received a six-month conditional discharge and was ordered to pay £450 costs.

Colten Care was handed an absolute discharge and told to pay £450 costs.

A city council spokesman said it wanted to send a clear message that action will be taken if TPOs are breached in the Winchester district.

In a statement, Colten Care chief executive Mark Aitchison said: “We removed the tree purely to avoid danger to our residents and staff. Expert, independent advice showed that it was dead or dying.

“The magistrate agreed the removal was genuinely for safety reasons and there was absolutely no malicious intent. We accept that the formal paperwork to notify the council was not supplied on the required date. That was due to an administration error. Residents continue to enjoy grounds to the rear of the home with 18 other pine trees.”