header-logo header-logo

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

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll