000 01249cab a2200181 4500
001 ABS39098
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u14414
041 _aeng
245 _aBellcross Co Ltd v Mid Bedfordshire DC
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8815) 16 April 1988, 106-108(2)
520 _aQBD 11 December 1987. An application by a developer (B) to quash a tree preservation order made by M under Town and Country Planning Act 1971 s245 in respect of a single mature yew tree which stood on the site of a proposed residential development for 230 houses. B had outline planning permission for the site, which involved removal of the tree, but when B applied for permission in respect of reserved matters it was refused because of the tpo despite an amendment to the plans to avoid removal of the tree. B claimed that an immaterial consideration had been allowed to influence M`s decision. B`s challenge was rejected. The court was not satisfied that M had improperly taken account of the fact that the tree was not directly to be damaged by the proposed development. Application dismissed.
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c9389
_d9389