Judges order fresh hearing in row over damage caused by protected tree – Local Government Lawyer

Posted September 13th, 2017 in appeals, compensation, local government, news, trees, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 13th September 2017

Source: localgovernmentlawyer.co.uk

Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

Full story

Local Government Law, 21st February 2017

Source: www.11kbw.com/blogs/local-government-law

£2 million legal battle over damage from sticky lime sap – Daily Telegraph

Posted December 5th, 2016 in news, nuisance, trees, trespass by sally

‘A wealthy solicitor is embroiled in a bitter legal dispute with his neighbour over a lime tree he claims is damaging his £1.3 million home and smearing unsightly sap over his windows.’

Full story

Daily Telegraph, 3rd December 2016

Source: www.telegraph.co.uk

13 ways you might be accidentally breaking the law, according to lawyers – The Independent

‘Various ways in which people may inadvertently break the laws of the UK while at home have been listed by lawyers.’

Full story

The Independent, 10th May 2016

Source: www.independent.co.uk

Latest twist on standard of review in Aarhus cases – UK Human Rights Blog

Posted May 3rd, 2016 in environmental protection, local government, news, treaties, trees by tracey

‘R (o.t.a. Dilner) v. Sheffield City Council [2016] EWHC 945 (Admin), Gilbart J, 27 April 2016. A quick note on the latest Aarhus Convention point to come before the domestic courts.’

Full story

UK Human Rights Blog, 3rd May 2016

Source: www.ukhumanrightsblog.com

Campaign to save Sheffield’s trees reaches High Court – The Independent

Posted March 23rd, 2016 in environmental protection, injunctions, local government, news, roads, trees by tracey

‘A bitter dispute between campaigners and councillors over a controversial programme to cut down thousands of trees has continued at a hearing at the High Court in London.’

Full story

The Independent, 22nd March 2016

Source: www.independent.co.uk

Couple win £38,000 payout after council refuses to chop down tree which damaged their home – Daily Telegraph

Posted March 22nd, 2016 in damages, housing, insurance, local government, news, trees by sally

‘Bill and Mary Nicholson were awarded compensation after the Cedar tree’s roots caused serious damage to their semi-detached £400,000 property’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, environmental protection, law reports, local government, planning, trees by sally

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250; [2015] WLR (D) 510

‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Judge criticises multi-millionaire tycoon over unpaid fine for illegally felling trees – Daily Telegraph

‘Sir John Thomas, the Lord Chief Justice, says ‘one law for rich and another for poor’ as he tells court penalty imposed on Philip Edward Day should not still be outstanding.’

Full story

Daily Telegraph, 5th December 2014

Source: www.telegraph.co.uk

The felling of a tree might breach occupier’s right to respect for a home – UK Human Rights Blog

Posted April 26th, 2013 in appeals, housing, landlord & tenant, local government, mental health, news, trees by tracey

“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”

Full story

UK Human Rights Blog, 25th April 2013

Source: www.ukhumanrightsblog.com

Ash dieback: government faces legal action over slow response – The Guardian

Posted November 5th, 2012 in customs and excise, environmental protection, news, trees by sally

“A plant nursery forced to destroy 50,000 ash trees is suing the government for failing to block imports of the tree sooner.”

Full story

The Guardian, 5th November 2012

Source: www.guardian.co.uk

Developers accused of killing Sandbanks trees have convictions overturned – Daily Telegraph

Posted August 31st, 2012 in appeals, criminal damage, news, no case to answer, trees by tracey

“Two property developers found guilty of killing trees to make way for their £11 million Sandbanks development have had their convictions overturned – after a judge ruled their alleged motive was not relevant to the case.”

Full story

Daily Telegraph, 31st August 2012

Source: www.telegraph.co.uk

Sandbanks tree damage developers guilty – BBC News

Posted October 21st, 2011 in criminal damage, news, planning, trees by tracey

“Two developers have been found guilty of damaging trees which were blocking plans for three luxury homes worth £11m in Dorset.”

Full story

BBC News, 20th October 2011

Source: www.bbc.co.uk

Felbrigg Hall branch death: National Trust not to blame – BBC News

“The National Trust was not to blame for the death of an 11-year-old schoolboy fatally crushed by a branch in woods in Norfolk, the High Court has decided.”

Full story

BBC News, 27th July 2011

Source: www.bbc.co.uk

National Trust sued after boy killed by falling tree – Daily Telegraph

“The National Trust is being sued for damages after a boy was killed when a two-ton tree branch collapsed on to a school party at a stately home.”

Full story

Daily Telegraph, 22nd June 2011

Source: www.telegraph.co.uk

Giant leylandii in suburban front garden incense neighbours – The Guardian

Posted September 7th, 2010 in ASBOs, local government, news, trees by sally

“Plymouth residents have complained to the council about the 10-metre trees outside David Alvand’s home.”

Full story

The Guardian, 6th September 2010

Source: www.guardian.co.uk

Couple fined £2,000 for hedge infringement – The Independent

Posted August 26th, 2010 in fines, local government, news, planning, trees by sally

“A  couple have been fined £2,000 for allowing their garden hedges to grow too tall.”

Full story

The Independent, 26th August 2010

Source: www.independent.co.uk

Judge takes 12,000 words to define a tree – Daily Telegraph

Posted February 16th, 2009 in news, trees by sally

“A High Court judge, Mr Justice Cranston, has taken 12,000 words to answer the question: What is a tree?”

Full story

Daily Telegraph, 13th February 2009

Source: www.telegraph.co.uk

Couple taken to court for pruning ‘dangerous’ trees – Daily Telegraph

Posted January 19th, 2009 in news, trees by sally

“An elderly couple were taken to court by their local council for pruning trees behind their home.”

Full story 

Daily Telegraph, 19th January 2009

Source: www.telegraph.co.uk

Rockall v Department for Environment, Food and Rural Affairs – WLR Daily

Posted July 8th, 2008 in law reports, trees by sally

Rockall v Department for Environment, Food and Rural Affairs; [2008] WLR (D) 227

“It was not possible for the court to provide an all-embracing test of what constituted a ‘garden’ in the context of the Forestry Act 1967. To attempt to do so might impede the flexibility inherent in the statute by imposing too rigorous a straitjacket. In determining whether or not land constituted a garden, it was important to have regard to use of the land by the occupier as well as its appearance and condition.”

WLR Daily, 7th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.