Palm Developments Ltd v Secretary of State for Communities and Local Government and another [2009] EWHC 220 (Admin), [2009] EWHC 220 (Admin)
Queen’s Bench Division, Administrative Court, Cranston J, 13 February 2009
The proceedings concerned a site owned by the claimant. The defendant local authority made a tree preservation order in respect of the site, following the sample order in the Schedule to the Town and Country Planning (Trees) Regulations 1999, (SI 1999/1892) (TCR 1999).
In 2006, the claimant applied for consent to do certain works which included the removal of saplings below a specified size and the removal of trees in order to create a clear corridor along the side of the wharf. The authority refused the application. An appeal to the secretary of state was dismissed on the recommendation of the secretary of state’s inspector, after a public inquiry.
The inspector’s report referred to the policy for considering applications for works to woodlands as set out in the secretary of state’s guidance on tree preservation orders. She identified the need to consider the amenity value of the woodland,
