EU Plants Ltd v Wokingham Borough Council [2012] EWHC 3305 (Admin) (22 November 2012)

EU Plants Ltd v Wokingham Borough Council [2012] EWHC 3305 (Admin) (22 November 2012)

The Planning Committee's decision to confirm the Tree Preservation Order was lawful, rational, and within the scope of statutory and policy guidance; there was no evidence of actual or apparent bias, and the applicant's challenge failed on all grounds.

Source-derived case information.

Citation
[2012] EWHC 3305 (Admin)
Parties
Applicant: EU Plants Ltd; Respondent: Wokingham Borough Council
Jurisdiction
England and Wales
Judgment Date
22 November 2012
Procedural Posture
Statutory Application Under Section 288 Town and Country Planning Act 1990 / Judgment Following Oral Hearing
Outcome
Application dismissed
Legal Topics
Tree Preservation Orders, Bias in Decision Making, Amenity Assessment, Expediency, Natural Justice
Administrative Law Planning Law Tree Preservation Orders Bias in Decision Making Amenity Assessment Expediency Natural Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

EU Plants Ltd

Applicant

Wokingham Borough Council

Respondent

Procedural Posture

Statutory Application Under Section 288 Town and Country Planning Act 1990 / Judgment Following Oral Hearing

Legal Issues

  1. 1 Whether the Tree Preservation Order was expedient in the interests of amenity
  2. 2 Whether the Council misapplied statutory and policy criteria
  3. 3 Whether the Planning Committee's decision was irrational or unreasonable

Ratio Decidendi

The Planning Committee's decision to confirm the Tree Preservation Order was lawful, rational, and within the scope of statutory and policy guidance; there was no evidence of actual or apparent bias, and the applicant's challenge failed on all grounds.

Court Disposition

Application dismissed

Orders

  • Tree Preservation Order confirmed
  • No relief granted to applicant