When does a tree preservation order protect?
Findlay, James
When does a tree preservation order protect? - 2008 - Journal of Planning and Environment Law (Issue 5) 2008, 615-618(4) .
Discusses the appeal that resulted after Perrin and another v Northampton BC (L142708), a case in which the verdict has subsequently been overturned. The authors look at the comments made by the appeal court judges in relation to exemptions under the Town and Country Planning Act 1990. They also explore how the judges chose to define the term "nuisance" as used in the Act. Suggests that while there are still strong safeguards in place to prevent the destruction of protected trees, this does not mean that all cases will be treated in a similar manner and that each case should be judged on its relative merits.
PERRIN & RAMAGE V NORTHAMPTON BC
TOWN AND COUNTRY PLANNING ACT 1990
England and Wales--1543-
When does a tree preservation order protect? - 2008 - Journal of Planning and Environment Law (Issue 5) 2008, 615-618(4) .
Discusses the appeal that resulted after Perrin and another v Northampton BC (L142708), a case in which the verdict has subsequently been overturned. The authors look at the comments made by the appeal court judges in relation to exemptions under the Town and Country Planning Act 1990. They also explore how the judges chose to define the term "nuisance" as used in the Act. Suggests that while there are still strong safeguards in place to prevent the destruction of protected trees, this does not mean that all cases will be treated in a similar manner and that each case should be judged on its relative merits.
PERRIN & RAMAGE V NORTHAMPTON BC
TOWN AND COUNTRY PLANNING ACT 1990
England and Wales--1543-