Source: All England Reporter
Publisher Citation: [2002] All ER (D) 71 (Jan)
Court: Administrative Court
Judge:

Sullivan J

Representation The claimant appeared in person.
  Megan Thomas (instructed by Jane Birkinshaw) for defendant.
Judgment Dates: 16 January 2002

Catchwords

Town and country planning - Trees - Preservation order - Appeal - Claimant arguing that local planning authority failing to undertake adequate survey and using inaccurate map - Whether order oppressive and unnecessary.

The Case

There was no statutory requirement that a local planning authority carry out a survey before implementing a tree preservation order. As a matter of common sense, in practice, it was not possible to form a view of the matter without carrying out some form of survey; however a claim that that a survey had been perfunctory, even if established, could not lead to the conclusion that the order was invalid as a matter of law.

Practice Areas

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