header-logo header-logo

Home Login E-newsletter About us
27 February 2009 / All England Law Reporters
Issue: 7358 / Categories: Case law , Environment , Law reports , Property
printer mail-detail

Town and country planning—Trees—Definition

© Copyright LexisNexis 2026. All Rights Reserved.

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS
Read All
Legal notice: Notice under the Trustee Act 1925

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Emergency lawyers on call as international regulatory actions soar
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
NLJ this week: Employment law’s fine margins
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
NLJ this week: Promises broken on non-molestation orders?
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
NLJ this week: Assisted dying under the legal microscope
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
Copyright © 2026 LexisNexis
back-to-top-scroll