R v Alath Construction Ltd ; R v Brightman
R v Alath Construction Ltd ; R v Brightman
- 1990
- Weekly Law Reports (1990) 1 WLR 1255-1260(6) .
CA 20 February 1990. A beech tree , standing on A`s land was subject of a tree preservation order . A made a number of unsuccessful applications for permission to fell the tree. After the storms of 1987 A made arrangements for the tree to be felled without obtaining permission. They were charged with contravening a TPO under Town and Country Planning Act 1971 s102 . S60 of that Act provides that a TPO should not apply to the felling of trees that are dying, dead or dangerous. The recorder made a preliminary ruling that the burden of proof lay on A and they were convicted. A`s appeal was quashed on the grounds that s120 created an absolute offence therefore the prosecution had only to prove that the act was committed, s60 did not create negative ingredients of the offence but provided a true exemption from liability which had to be proved by A.
TOWN AND COUNTRY PLANNING ACT 1971 S60
TREE FELLING
CA 20 February 1990. A beech tree , standing on A`s land was subject of a tree preservation order . A made a number of unsuccessful applications for permission to fell the tree. After the storms of 1987 A made arrangements for the tree to be felled without obtaining permission. They were charged with contravening a TPO under Town and Country Planning Act 1971 s102 . S60 of that Act provides that a TPO should not apply to the felling of trees that are dying, dead or dangerous. The recorder made a preliminary ruling that the burden of proof lay on A and they were convicted. A`s appeal was quashed on the grounds that s120 created an absolute offence therefore the prosecution had only to prove that the act was committed, s60 did not create negative ingredients of the offence but provided a true exemption from liability which had to be proved by A.
TOWN AND COUNTRY PLANNING ACT 1971 S60
TREE FELLING