Barker, R (on the application of) v London Borough Of Bromley & Anor [2001] EWCA Civ 158 (8 February 2001)

Barker, R (on the application of) v London Borough Of Bromley & Anor [2001] EWCA Civ 158 (8 February 2001)

The council's decision to proceed with felling the trees was within the reasonable exercise of its discretion, given the planning permissions in place, the lack of ecological or strategic importance of the trees, and the need to avoid further delay to the development. The applicant failed to show even an arguable case that the decision was unreasonable in public law.

Citation
[2001] EWCA Civ 158
Parties
Claimant/applicant: Diane Barker; First Defendant/respondent: London Borough of Bromley; Second Defendant/respondent: London & Regional Properties
Jurisdiction
England and Wales
Judgment Date
08 February 2001
Procedural Posture
Judicial Review / Application for Continuation of Injunction Pending Appeal
Outcome
Injunction discharged; permission to appeal granted (except ground 2); costs in the appeal; order for expedition; claimant to pay respondents' costs of injunction application (not to be enforced without leave); liberty to apply.
Legal Topics
Injunctions, Planning Permission, Tree Felling, Wildlife Protection
Administrative Law Planning Law Environmental Law Injunctions Planning Permission Tree Felling Wildlife Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Diane Barker

Claimant/applicant

London Borough of Bromley

First Defendant/respondent

London & Regional Properties

Second Defendant/respondent

Procedural Posture

Judicial Review / Application for Continuation of Injunction Pending Appeal

Legal Issues

  1. 1 Whether it is unreasonable in public law for the council to fell trees before all scheme details are approved and finance secured
  2. 2 Whether the injunction restraining tree felling should be continued pending appeal

Ratio Decidendi

The council's decision to proceed with felling the trees was within the reasonable exercise of its discretion, given the planning permissions in place, the lack of ecological or strategic importance of the trees, and the need to avoid further delay to the development. The applicant failed to show even an arguable case that the decision was unreasonable in public law.

Court Disposition

Injunction discharged; permission to appeal granted (except ground 2); costs in the appeal; order for expedition; claimant to pay respondents' costs of injunction application (not to be enforced without leave); liberty to apply.

Orders

  • Injunction restraining tree felling discharged
  • Permission to appeal granted on all grounds except ground 2