000			01321cab a2200193 4500
001			ABS38453
008			090401t1987 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u10716
041			_aeng
245			_aGroveside Homes Ltd v Elmbridge BC
260			_c1987
350			_a0
490			_aEstates Gazette _v284(6360) 14 November 1987, 940(1)
520			_aQBD 10 July 1987 Appeal against a conviction under Town and Country Planning Act 1971 s 102 (1) for uprooting a tree which was subject to a tree preservation order . The tree was on land owned by the appellant company which was being developed by a contractor. Despite being warned of the existence of the preservation order and told not to touch or damage the tree, the contractor uprooted the tree. The appellants were prosecuted,convicted and fined. They submitted to the magistrates that they were not liable as the offence had been committed by an independent contractor. On appeal the respondent council accepted that this submission was correct. QBD held that in these circumstances, where an independent contractor had been expressly told not to touch the tree, no other conclusion was possible. Appeal allowed and the conviction quashed.
650			_aLIABILITY
690			_aPLANNING LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c6806 _d6806