Wednesday 22 July 2009

High Court Defends The Grove Wood TPO


The attempt to quash the Tree Preservation Order using section 288(1) of the Town and Country Planning Act 1990 has failed. The judge dismissed the case brought by the Council's ex-tree officer as he was not "aggrieved", since he neither owns the land or lives nearby. He also had no legal right to challenge the order as he was not an eligible "objector", despite persistently opposing the Council’s democratic decision making. This means the landowner is the only person who could attempt another challenge but this would involve the Secretary of State. The High Court also recognised the magnitude of public interest.

Cardiff Administrative Court: 10.30am Friday 3rd July 2009
Co/3998/2009: Jonathan Bown v Bristol City Council
Link to full report
Evening Post article, 22nd July 2009

In a separate case the High Court clarified woodland TPOs protect all trees within a woodland, irrespective of age or size:
Link to full report
Tree Care article