Alison R Perrin and William S Ramage v Northampton BC, Frederick Harry Shephard and Sandra Shephard (Record no. 77894)

MARC details
000 -LEADER
fixed length control field 02193cab a2200253 4500
001 - CONTROL NUMBER
control field ##L135440
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 061026n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u135440
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Alison R Perrin and William S Ramage v Northampton BC, Frederick Harry Shephard and Sandra Shephard
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 2331 (TCC), 26 September 2006. Considers the relevance of possible alternative engineering works in determining for the purposes of Town and Country Planning Act 1990 s198(6)(b) whether the cutting down, uprooting, topping or lopping of a tree was necessary to prevent or abate a nuisance. The roots of a large oak tree subject to a tree preservation order in S's garden had encroached on land belonging to P. P had sought permission from N to fell the tree which was refused, confirmed on appeal by SOS. P then sought a declaration entitling them to fell the tree anyway as it was necessary for the prevention or abatement of a nuisance under s198(6)(b) of the Act. N contended that the exemption under s198(6)(b) was not triggered because other engineering works such as underpinning P's house or constructing a root barrier could be carried out instead and the tree could be preserved. "Held": preliminary issue determined in favour of P. The availability of alternative works did not arise for consideration in the proper operation of s198(6)(b). s198(6)(b) would be unworkable if alternative engineering schemes and the financial resources of the parties had to be taken into account.
590 ## - LOCAL NOTE (RLIN)
Local note IKA311006
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PERRIN AND ANOTHER V NORTHAMPTON BC AND OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S198(6)(B)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EDGEBOROUGH BUILDING CO V WOKING UDC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SMITH V OLIVER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element AYRES AND SUN TIMBER COMPANY LTD V LEEDS CITY COUNCIL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PABARI V SOS WORK AND PENSIONS
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING ENFORCEMENT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2006/2331.html">https://www.bailii.org/ew/cases/EWHC/TCC/2006/2331.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 26/10/2006   ONLINE PUBLICATION 135440-2001 06/08/2019 1 06/08/2019 Law report