Source: All England Reporter
Publisher Citation: [2002] All ER (D) 91 (Nov)
Court: Court of Appeal, Civil Division

Pill, Thorpe and Scott Baker LJJ

Representation The claimant appeared in person.
  Megan Thomas (instructed by Sue Lockwood, Beverley) for the authority.
Judgment Dates: 7 November 2002


Town and country planning - Trees - Tree preservation order - Necessity for survey prior to order being made - Necessity for accurate map being attached to order.

The Case

So long as an authority acted in accordance with the general principles of public law, and followed the relevant provisions of the the making and confirmation of a Tree Preservation Order (TPO) could not be challenged. There was nothing in the Act that required a survey to be undertaken, although in reality one would be necessary in most cases to ascertain whether the trees under consideration fulfilled the statutory criteria for the making of a TPO.

Practice Areas

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