Perrin and another v Northampton BC [electronic resource]
Perrin and another v Northampton BC [electronic resource]
- 2007
[2007] EWCA Civ 1353, 19 December 2007. Considers the meaning of the construction of section 198(6)(b) of the Town and Country Planning Act 1990. Considers whether the cutting of a tree which was the subject of a Tree Preservation Order was necessary for abatement of a nuisance, or whether it was permissible to consider other means of alleviating the nuisance. The appellant local authority (N) appealed against a decision (L135440) holding that the felling of a tree whose roots had caused damage to the respondent (P)'s land was necessary for the abatement of nuisance, even given that other works were possible to resolve the issue. "Held": On considering the purpose of tree preservation orders it was not considered necessary to remove the tree entirely to abate the nuisance. The judge had erred in his findings. Alternative works such as the construction of a root barrier were sufficient to resolve the situation. Appeal allowed.
PERRIN AND ANOTHER V NORTHAMPTON BC
TOWN AND COUNTRY PLANNING ACT 1990 S198(6)(B)
England and Wales--1543-
[2007] EWCA Civ 1353, 19 December 2007. Considers the meaning of the construction of section 198(6)(b) of the Town and Country Planning Act 1990. Considers whether the cutting of a tree which was the subject of a Tree Preservation Order was necessary for abatement of a nuisance, or whether it was permissible to consider other means of alleviating the nuisance. The appellant local authority (N) appealed against a decision (L135440) holding that the felling of a tree whose roots had caused damage to the respondent (P)'s land was necessary for the abatement of nuisance, even given that other works were possible to resolve the issue. "Held": On considering the purpose of tree preservation orders it was not considered necessary to remove the tree entirely to abate the nuisance. The judge had erred in his findings. Alternative works such as the construction of a root barrier were sufficient to resolve the situation. Appeal allowed.
PERRIN AND ANOTHER V NORTHAMPTON BC
TOWN AND COUNTRY PLANNING ACT 1990 S198(6)(B)
England and Wales--1543-