Roden v Secretary of State for Communities and Local Government & Ors

The Inspector lawfully considered the impact of the development on both trees to be felled and retained, assessed their quality, and imposed conditions to control works; the challenge fails as the Inspector exercised proper planning judgment and complied with relevant legal principles.

Parties: Claimant: Alexandra Kyllikki Roden; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Franco Di Capite; Second Defendant: Patricia Ann Di Capite; Third Defendant: Fortitudo (Beaumont Road) Ltd
Jurisdiction: England and Wales
Judgment Date: 28 October 2016
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application dismissed
Legal Topics: Tree Preservation Orders, Development Control, Judicial Review, Planning Permission, Local Authority Decision Making

Planning Law Administrative Law Tree Preservation Orders Development Control Judicial Review Planning Permission Local Authority Decision Making

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2

Parties

Alexandra Kyllikki Roden

Claimant

Secretary of State for Communities and Local Government

First Defendant

Franco Di Capite

Second Defendant

Patricia Ann Di Capite

Second Defendant

Fortitudo (Beaumont Road) Ltd

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Inspector failed to properly consider or assess the loss and quality of trees at the site
2 Whether the Inspector wrongly deferred consideration of the impact of the development on retained protected trees

Ratio Decidendi

Court Disposition

Application dismissed