Town and country planning—Trees—Definition

27 February 2009 / All England Law Reporters

Issue: 7358 / Categories: Case law , Environment , Law reports , Property

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

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Town and country planning—Trees—Definition

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

If you are not a subscriber, subscribe now to read this content

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...or Register for two weeks' free access to subscriber content

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Town and country planning—Trees—Definition

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Druces—Lisa Cardy

Charles Russell Speechlys—Robert Lundie Smith