Robinson v East Riding of Yorkshire Council [2002] EWCA Civ 1796 (7 November 2002)

Robinson v East Riding of Yorkshire Council [2002] EWCA Civ 1796 (7 November 2002)

The statutory requirements for making and confirming the tree preservation order were met; there is no legal requirement for a detailed survey or for cross-examination in these circumstances. The plans and information provided were sufficient for the council to make the order, and the procedural requirements were satisfied.

Citation
[2002] EWCA Civ 1796
Parties
Claimant/appellant: James Robinson; Defendant/respondent: East Riding of Yorkshire Council
Jurisdiction
England and Wales
Judgment Date
07 November 2002
Procedural Posture
Appeal (section 288 Application Under Town and Country Planning Act 1990) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Tree Preservation Orders, Judicial Review, Procedural Fairness, Planning Permission, Statutory Interpretation
Administrative Law Planning Law Local Government Law Tree Preservation Orders Judicial Review Procedural Fairness Planning Permission Statutory Interpretation

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Parties

James Robinson

Claimant/appellant

East Riding of Yorkshire Council

Defendant/respondent

Procedural Posture

Appeal (section 288 Application Under Town and Country Planning Act 1990) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the tree preservation order was lawfully made and confirmed under the Town and Country Planning Act 1990 and associated regulations
  2. 2 Whether the council was required to carry out a detailed tree survey before making the order
  3. 3 Whether the plans/maps attached to the order were adequate under the regulations

Ratio Decidendi

The statutory requirements for making and confirming the tree preservation order were met; there is no legal requirement for a detailed survey or for cross-examination in these circumstances. The plans and information provided were sufficient for the council to make the order, and the procedural requirements were satisfied.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, summarily assessed as £5,023.