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.


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