EU Plants Ltd v Wokingham Borough Council

EU Plants Ltd v Wokingham Borough Council

The Council acted within its statutory powers and did not act for an improper purpose in making and confirming the area TPO; the decision was a matter of planning judgment, and there was no legal error or irrationality in including the specified trees; the Council was entitled to be cautious about EUP's intentions and to protect the amenity value of the trees.

Parties
Appellant: EU Plants Limited; Respondent: Wokingham Borough Council
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Appeal From High Court Judgment Dismissing Application to Quash Tree Preservation Order
Outcome
Appeal dismissed
Legal Topics
Tree Preservation Orders, Local Authority Powers, Judicial Review, Amenity Value, Planning Judgment, Expediency, Area Orders, Government Guidance, Council Policy
Administrative Law Planning Law Environmental Law Tree Preservation Orders Local Authority Powers Judicial Review Amenity Value Planning Judgment +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

EU Plants Limited

Appellant

Wokingham Borough Council

Respondent

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Appeal From High Court Judgment Dismissing Application to Quash Tree Preservation Order

Legal Issues

  1. 1 Whether the Council acted lawfully in making and confirming a tree preservation order (TPO) over an area including trees of disputed condition and quality
  2. 2 Whether the TPO was made for an improper purpose, namely to control the standard of road surfacing works
  3. 3 Whether the Council failed to follow government and its own guidance regarding the selection of trees for protection

Ratio Decidendi

The Council acted within its statutory powers and did not act for an improper purpose in making and confirming the area TPO; the decision was a matter of planning judgment, and there was no legal error or irrationality in including the specified trees; the Council was entitled to be cautious about EUP's intentions and to protect the amenity value of the trees.

Court Disposition

Appeal dismissed