Burden of proof lies on tree feller
Burden of proof lies on tree feller
- 1990
- Times 3/3/90 p58 .
In R v Brightman ; R v Alath Construction Ltd CA 20 February 1990 it was held that where a tree subject to a preservation order was cut down, the burden of proof , on the issue on whether to justify its felling without local authority consent under Town and Country Planning Act 1971 s60(6) , fell upon the person responsible for cutting it down.
LOCAL AUTHORITIES
In R v Brightman ; R v Alath Construction Ltd CA 20 February 1990 it was held that where a tree subject to a preservation order was cut down, the burden of proof , on the issue on whether to justify its felling without local authority consent under Town and Country Planning Act 1971 s60(6) , fell upon the person responsible for cutting it down.
LOCAL AUTHORITIES