Perrin & Anor v Northampton Borough Council & Ors [2006] EWHC 2331 (TCC) (26 September 2006)

Perrin & Anor v Northampton Borough Council & Ors [2006] EWHC 2331 (TCC) (26 September 2006)

For the purposes of s.198(6)(b) of the Town and Country Planning Act 1990, the necessity of cutting down, uprooting, topping or lopping a tree is determined solely by whether such works are required to abate or prevent an actionable nuisance; the existence of alternative engineering solutions or the amenity value of the tree are irrelevant to this statutory exemption.

Citation
[2006] EWHC 2331 (TCC)
Parties
Claimant: Alison R Perrin; Claimant: William S Ramage; First Defendant: Northampton Borough Council; Second Defendant: Frederick Harry Shephard; Third Defendant: Sandra Shephard
Jurisdiction
England and Wales
Judgment Date
26 September 2006
Procedural Posture
Civil / Preliminary Issue Judgment
Outcome
Declaration granted in favour of the claimants on the preliminary issue.
Legal Topics
Tree Preservation Orders, Nuisance, Statutory Interpretation, Remedies for Property Damage
Planning Law Property Law Environmental Law Tree Preservation Orders Nuisance Statutory Interpretation Remedies for Property Damage

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Parties

Alison R Perrin

Claimant

William S Ramage

Claimant

Northampton Borough Council

First Defendant

Frederick Harry Shephard

Second Defendant

Sandra Shephard

Third Defendant

Procedural Posture

Civil / Preliminary Issue Judgment

Legal Issues

  1. 1 Whether, under s.198(6)(b) of the Town and Country Planning Act 1990, the existence of alternative works (such as underpinning) is relevant to determining if cutting down or lopping a protected tree is 'necessary' for the prevention or abatement of a nuisance.
  2. 2 Whether 'nuisance' in s.198(6)(b) means actionable nuisance or includes mere encroachment.

Ratio Decidendi

For the purposes of s.198(6)(b) of the Town and Country Planning Act 1990, the necessity of cutting down, uprooting, topping or lopping a tree is determined solely by whether such works are required to abate or prevent an actionable nuisance; the existence of alternative engineering solutions or the amenity value of the tree are irrelevant to this statutory exemption.

Court Disposition

Declaration granted in favour of the claimants on the preliminary issue.

Orders

  • It is irrelevant, for the purposes of s.198(6)(b) of the Town and Country Planning Act 1990, that there are other possible works that could prevent or abate the same nuisance.