Casebook: Court Cases - Tree order quashed after notification error

Persimmon Homes (North Midlands) Ltd has persuaded the High Court to quash a tree preservation order (TPO) imposed by North West Leicestershire District Council because the firm was denied an opportunity to object.

The company bought land with outline planning permission for residential development. Details submitted in accordance with the outline permission involved removing the tree to create an acceptable access. During the TPO proceedings, the council consulted the previous owners of the land. After receiving no objections it confirmed the order, thereby effectively preventing the housing development from proceeding. Mr Justice Collins decided that the company had been prejudiced.

Persimmon Homes (North Midlands) Ltd v North West Leicestershire District Council; Date: 25 November 2004; Ref: CO/4656/2004.

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