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.

Feel free to run wild in your garden, says judge – The Times

Posted July 7th, 2008 in news, trees by sally

“What constitutes a garden and gardening has been redefined by a judge who ruled that chopping down a swath of trees can count as weeding rather than forestry.”

Full story

The Times, 5th July 2008

Source: www.timesonline.co.uk

Plans to check safety of all garden trees will cost homeowners dear – The Times

Posted June 20th, 2008 in health & safety, news, trees by sally

“Homeowners face having to pay a specialist to inspect their trees under a safety regime drawn up by one of Britain’s most respected watchdogs.”

Full story

The Times, 20th June 2008

Source: www.timesonline.co.uk

Perrin and Another v Northampton County Council – Times Law Reports

Posted January 21st, 2008 in law reports, trees by sally

Perrin and Another v Northampton County Council

Court of Appeal

“Where the roots of a tree subject to a tree preservation order damaged or threatened to damage the foundations of a neighbour’s house, the local authority was entitled to consider means of abating the nuisance, such as engineering works, which would avoid the need for the tree to be cut down, uprooted, topped or lopped so as to preserve the tree as a local amenity.”

The Times, 21st January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.