000 01870cab a22002295a 4500
001 L146887
008 090309e20090213xxk f v 000 0 eng d
035 _a(Sirsi) u146887
041 0 _aeng
245 0 0 _aPalm Developments Ltd v Secretary of State for Communities and Local Government
_h[electronic resource]
260 _c2009
520 _a[2009] EWHC 220 (Admin), 13 February 2009. The High Court has ruled that the smallest sapling can be regarded as a tree. An applicant developer (P) applied to overturn a decision of the respondent secretary of state (S) that P should not be granted consent to undertake work in a woodland protected by a Tree Preservation Order (TPO) under the Town and Country Planning Act 1990 S198. P bought a site previously used for industrial purposes on which woodland had become established. P applied for permission to develop it commercially. The local authority refused and then imposed a TPO to protect the trees on the site. P appealed to S claiming the removal of scrub, shrubs and saplings was not covered by the TPO because they were not trees, but S supported the council. Held: application refused. The TPO covered saplings as the law did not specify any limitation on size. TPOs applied to present and future trees as the purpose of the order was to protect woodland, which depended on future growth. S had not erred in her determination.
590 _aKA
650 2 4 _aTOWN AND COUNTRY PLANNING ACT 1990 S198
650 2 4 _aFORESTRY ACT 1967 S9
650 2 4 _aTOWN AND COUNTRY PLANNING (TREES) REGULATIONS 1999
650 2 4 _aTREE PRESERVATION ORDERS (TPOs)
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Admin/2009/220.html/
_zView the case at: www.bailii.org...
942 _n0
999 _c81317
_d81317