000			01392cab a2200205 4500
001			ABS43560
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u42351
041			_aeng
245			_aR v Alath Construction Ltd ; R v Brightman
260			_c1990
350			_a0
490			_aWeekly Law Reports _v(1990) 1 WLR 1255-1260(6)
520			_aCA 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.
650			_aTOWN AND COUNTRY PLANNING ACT 1971 S60
650			_aTREE FELLING
690			_aPLANNING LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c27169 _d27169