A prominent business mogul, known for establishing a well-loved bakery franchise across the nation, faced a setback as the Court of Appeal upheld a substantial fine of £200,000. This penalty was originally imposed after he removed 132 trees from his estate.
Sukh Chamdal, the entrepreneurial mind behind the egg-free bakery chain Cake Box, cleared these trees, including several protected ones, to pave the way for a driveway to what he referred to as his “super-duper house”. This action took place at Debden Hall in Loughton, Essex, and led to a significant legal challenge for Chamdal.
Despite admitting to having a hand in the tree removal, Chamdal considered the financial penalty levied by Chelmsford Crown Court in August last year to be unduly harsh. In an attempt to challenge this, he appealed the decision last month, labeling the fine as “manifestly excessive”.
However, the Court of Appeal stood firm in its judgment. Lord Justice Holgate, alongside Mrs Justice Stacey and Judge Adrienne Lucking KC, concluded that the penalty was fair and reflective of both the gravity of the offense and Chamdal’s financial standing.
Cake Box, which Chamdal founded in 2008, has grown impressively, boasting over 250 franchises and an estimated value of approximately £35 million. Despite this success, the recent court ruling serves as a reminder of the legal responsibilities that accompany such entrepreneurial ventures.
Cake Box, which was founded in 2008 and now has over 250 franchises, is estimated to be worth around £35 million.
Chamdal, 63, was in the process of buying the land where he wanted to build a new home for his family for £1.5 million, Lord Justice Holgate said.
The trees were felled over a two-week period in March 2021 so that the 9,000 sq ft mansion could be built in the woodland.
Sukh Chamdal, the chief executive of egg-free bakery Cake Box, axed trees – including dozens that were specifically protected – to make way for a driveway to what he described as his ‘super-duper house’ at his Essex estate.
But they were discovered by an officer for Epping Forest District Council, the local authority which brought the prosecution, after receiving complaints.
At least 35 individual trees were subject to a Tree Preservation Order (TPO) at the time.
Such orders are made by local planning authorities in England to protect ‘specific trees, groups of trees or woodlands in the interests of amenity’.
Rebecca Chalkley KC, representing Chamdal, told the hearing in October that he ‘was entirely reliant on others’ for the work in developing the area for a “super-duper house”.
‘There were lots of trees that were in a poorly state, for want of a better word, and so the intention was to go in and, as much as possible, make good the land,’ she said.
‘But he did not intend for that to include trees subject to a TPO to be cut down and that is why he relied on experts.’
In dismissing the appeal, Lord Justice Holgate said: ‘Here a large number of trees were cut down over a substantial area of land. They were trees at least 20 years old.
‘They had been protected by the TPO because of their amenity value when the order was made in 2008. There was no suggestion that they ceased to have amenity value.
Woodland around the estate at Debden Hall in Loughton, where Chamdal was building a 9,000 sq ft mansion
‘The [crown court] judge was entitled to rely upon the additional contribution made by those trees to biodiversity and to carbon storage.
‘On that last point, the country’s woodlands and trees, and the Government’s policy to increase tree coverage nationally, form a significant part of the UK’s contribution to achieving net zero by 2050.’
Chamdal co-founded Cake Box with his cousin Pradip Dass during the height of the financial crisis in 2008 after being inspired by his daughter.
The entrepreneur launched the business with a £20,000 grant after she told him she didn’t want ‘dead chickens’ in her birthday cake.
All of the firm’s products avoid the use of eggs, alcohol and meat, making them very popular with vegetarians and those who follow a strict diet for religious or ethical reasons.
Cake Box states on its website: ‘Here at Eggfree Cake Box we like to think of each other as family and our success is because we have held on to our family values.’
Chamdal said in a statement: ‘I acted on professional advice and had no intention of breaching any Tree Preservation Order.
‘I am a law-abiding citizen, and I fully accept the judgement of the court.’
