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claimant owned a listed building with a number of trees growing in its grounds. A TPO was
made during 1988 but wasn't confirmed. The claimant applied to remove a number of trees so
he could use an area of land for caravans. The council refused permission and the claimant
appealed during 2000.
As the council prepared for the appeal, it realised the TPO had not been confirmed so
assessed the trees again to see if they warranted confirmation. This was carried out in
Nov 2000 and a TPO was established on the grounds that the trees offered sufficient
amenity to the locality etc.
The claimant objected to the TPO on the grounds that it was excessive, oppressive,
unnecessary and that the councils decision was not impartial. He also sought judicial
review of the Town & Country Planning Regs 1990 as he found a discrepancy between
these regs and the DETR advisory publication. He also challenged the TPO on the grounds
that the council failed to undertake a proper tree survey, used an inaccurate location
map, failed to consider the claimants representations and alleged that the council only
confirmed the order to justify their position in a future planning appeal.
The claim was dismissed.
- The claimant had sufficient opportunity during the inquiry to challenge the TPO and
raise the matter of whether inappropriate trees were included within the TPO.
- Their was no evidence to suggest the council had merely confirmed the order to
strengthen their position with regards to a future appeal.
- The discrepancy between the T&C Regs and the DETR guidance occurred because the
claimant had obtained an incomplete copy of the Regs.
- It was found that the council did not need to carry out an accurate tree survey as there
is no statutory requirement to do so. The claim that a tree survey was inaccurate does not
mean that a corresponding TPO is inaccurate.
- The regulations do not require a TPO to include an up to date map providing the one
being used can clearly show the location of the trees in question.
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