EU Plants Ltd v Wokingham Borough Council
The Council's decision to confirm the TPO was within the scope of its statutory powers, was not irrational or procedurally unfair, and there was no evidence of bias or appearance of bias affecting the decision. The Planning Committee was entitled to conclude that the TPO was expedient in the interests of amenity based on the evidence before it.
- Parties
- Applicant: EU Plants Ltd; Respondent: Wokingham Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 22 November 2012
- Procedural Posture
- Judicial Review (statutory Application) / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Tree Preservation Orders, Bias in Decision Making, Judicial Review, Amenity and Expediency in Planning, Local Government Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
EU Plants Ltd
Applicant
Wokingham Borough Council
Respondent
Procedural Posture
Judicial Review (statutory Application) / Judgment
Legal Issues
- 1 Whether the confirmation of the Tree Preservation Order (TPO) was within the powers of the Town and Country Planning Act 1990
- 2 Whether the Council misrepresented or failed to fairly consider the applicant's evidence and objections
- 3 Whether the TPO contravened relevant statutory and policy guidance
Ratio Decidendi
The Council's decision to confirm the TPO was within the scope of its statutory powers, was not irrational or procedurally unfair, and there was no evidence of bias or appearance of bias affecting the decision. The Planning Committee was entitled to conclude that the TPO was expedient in the interests of amenity based on the evidence before it.
Court Disposition
Application dismissed
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