Plant, R (On the Application Of) v London Borough Of Lambeth [2023] EWCA Civ 809 (11 July 2023)

Plant, R (On the Application Of) v London Borough Of Lambeth [2023] EWCA Civ 809 (11 July 2023)

Lambeth Local Plan policy Q10, read as a whole, permits the removal of significant trees where it is 'imperative' to do so, provided adequate replacement planting is secured. The word 'imperative' requires an evaluative planning judgment considering all relevant factors, not an absolute prohibition. The planning authority lawfully interpreted and applied Q10 in granting permission.

Citation
[2023] EWCA Civ 809
Parties
Claimant/appellant: Andrew Plant; Defendant/1st Respondent: London Borough of Lambeth; 1st Interested Party/2nd Respondent: Remedios Rosario; 2nd Interested Party/3rd Respondent: HFL Build Limited
Jurisdiction
England and Wales
Judgment Date
11 July 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Development Plan Policies, Tree Protection in Planning, Local Authority Decision Making, Judicial Review Standards
Planning Law Administrative Law Interpretation of Development Plan Policies Tree Protection in Planning Local Authority Decision Making Judicial Review Standards

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Parties

Andrew Plant

Claimant/appellant

London Borough of Lambeth

Defendant/1st Respondent

Remedios Rosario

1st Interested Party/2nd Respondent

HFL Build Limited

2nd Interested Party/3rd Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Lambeth misinterpreted Lambeth Local Plan policy Q10 regarding tree removal in granting planning permission
  2. 2 Whether paragraphs B and C(i) of Q10 are absolute prohibitions or subject to exception under paragraph G

Ratio Decidendi

Lambeth Local Plan policy Q10, read as a whole, permits the removal of significant trees where it is 'imperative' to do so, provided adequate replacement planting is secured. The word 'imperative' requires an evaluative planning judgment considering all relevant factors, not an absolute prohibition. The planning authority lawfully interpreted and applied Q10 in granting permission.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.