Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government & Anor [2015] EWCA Civ 1250 (08 December 2015)

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government & Anor [2015] EWCA Civ 1250 (08 December 2015)

A Tree Replacement Notice under a woodland TPO cannot require more trees to be planted than were removed, but the number of trees lost may be estimated using standard planting densities, and the statutory term 'tree' includes seedlings and saplings; the inspector lawfully relied on the Council's estimate and there was no legal error in the decision.

Citation
[2015] EWCA Civ 1250
Parties
Appellant: Distinctive Properties (Ascot) Limited; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Royal Borough of Windsor and Maidenhead
Jurisdiction
England and Wales
Judgment Date
08 December 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Tree Preservation Orders, Tree Replacement Notices, Statutory Interpretation, Burden of Proof, Woodland Management
Planning Law Administrative Law Environmental Law Tree Preservation Orders Tree Replacement Notices Statutory Interpretation Burden of Proof Woodland Management

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Parties

Distinctive Properties (Ascot) Limited

Appellant

Secretary of State for Communities and Local Government

First Respondent

Royal Borough of Windsor and Maidenhead

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a Tree Replacement Notice (TRN) can require planting of more trees than were removed under a woodland Tree Preservation Order (TPO)
  2. 2 Whether 'seedlings' are included in the statutory meaning of 'tree' for TPO/TRN purposes
  3. 3 Whether the inspector lawfully estimated the number of trees lost and required to be replaced

Ratio Decidendi

A Tree Replacement Notice under a woodland TPO cannot require more trees to be planted than were removed, but the number of trees lost may be estimated using standard planting densities, and the statutory term 'tree' includes seedlings and saplings; the inspector lawfully relied on the Council's estimate and there was no legal error in the decision.

Court Disposition

Appeal dismissed