A WEALTHY homeowner who destroyed a protected tree that was blocking the light on his new balcony has been ordered to pay out nearly £40,000.

In the first case of its kind in Britain, Samuel Wilson was told he must reimburse the taxpayer £21,750 - the amount his illegal act added to the value to his £1m property. He was also fined £1,200 and ordered to pay £15,000 costs.

A court heard that in 2016 Wilson, 40, added a new Juliet balcony to the master bedroom of his luxury home in Frankland Crescent, Canford Cliffs.

But afterwards he realised it was left covered in shade by the oak tree in his south-west facing back garden. The mature specimen was subject to a tree preservation order and Wilson should have sought permission from the local authority to prune it back.

Instead he ignored its protected status and chopped off 12ft long branches from the top of the 42ft tall tree, allowing sunlight to hit the back of his property. It left the tree looking butchered and experts say they doubt it will properly recover.

A neighbour reported the destruction to Poole council and an investigation was launched. Two council surveyors estimated the added value to the detached house was £21,750 and £30,000 respectively.

One of them, Graham Thorne, said the tree had been ‘virtually destroyed’ by Wilson. He added that he had come to his valuation based on four factors - maintenance, livability, accessibility and sunlight.

Wilson, who runs a student housing business, pleaded guilty to a charge of causing the wilful damage to a protected tree at a previous hearing and appeared at Bournemouth Crown Court for sentencing.

He was fined £1,200 for the offence and ordered to pay an additional £21,750 under the Proceeds of Crime Act. He will also have to pay a total of £15,047 in costs.

In receiving his punishment, Wilson became the first person to be fined under the Proceeds of Crime Act for a case involving light.

In 2012 Poole businessman Neil Davey was forced to pay back the £75,000 his house increased by after he felled a pine to improve the sea view from his hot tub.

Andy Dearing, enforcement team manager at Poole council, said: “We are not aware of any other case in the UK where there has been a Proceeds of Crime case based on the benefit of improved light to a property from the destruction of a tree.

“This whole case was about the sunlight to the back of Mr Wilson’s property.

“What was the reason and motivation for climbing a 40ft oak tree to remove large limbs from it?

“The only logical conclusion was it was to create south west sunlight to the back garden and on to his Juliet balcony.

“In this case the maximum fine would have been £2,500.

“But the Proceeds of Crime Act took the matter to another level, because it looked at the benefit of that criminal activity and we said it was to gain an increase of between £21,000 to £30,000 in the value of his property.”

Tom Evans, prosecuting, said: “Mr Wilson caused damage to an oak tree in his rear garden - this is purely case of light.”

Nicholas Cotter, representing Wilson, added: “Mr Wilson is a man of good character and is a hard working family man.

“He is now in a position where he has to consider his family home.”

Addressing Wilson Judge Jonathan Fuller QC said: “I am quite satisfied that in this case there has been a benefit and will adopt the lower valuation of £21,750.

“In the case of my finding I do not feel that the making of such an order is disproportionate.”