Casebook: Court Cases - Owner persuades judge to quash tree order

The High Court has quashed a tree preservation order (TPO) imposed by Rutland County Council on four trees after a judge concluded that there was no evidence that the landowner was proposing to fell them.

The owner asserted that the four trees had been planted to commemorate the birth of his children and he had no plans to remove them. The county council decided that the trees were under threat and proceeded to impose the TPO. In accepting the owner's claim, Mr Justice Collins noted that he had planning permission to demolish his farmhouse and erect a dwelling on condition that the trees should not be removed.

Gilman v Rutland County Council; Date: 25 November 2004; Ref: CO/3992/2004.

Have you registered with us yet?

Register now to enjoy more articles and free email bulletins

Sign up now
Already registered?
Sign in

Join the conversation with PlanningResource on social media

Follow Us:
Planning Jobs