Perrin & Anor v Northampton Borough Council & Ors

Perrin & Anor v Northampton Borough Council & Ors

The existence of alternative engineering solutions to abate or prevent the nuisance is irrelevant to the operation of s.198(6)(b) of the Town and Country Planning Act 1990. The exemption applies if, as a matter of fact, the cutting down, uprooting, topping or lopping of the tree is necessary to abate or prevent an actionable nuisance, and the works must be the minimum necessary to achieve that purpose. Other factors such as amenity value, alternative solutions, or financial considerations are not relevant under s.198(6)(b).

Parties
Claimant: Alison R Perrin; Claimant: William S Ramage; Defendant: Northampton Borough Council; Defendant: Frederick Harry Shephard; Defendant: Sandra Shephard
Jurisdiction
England and Wales
Judgment Date
26 September 2006
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Preliminary issue answered in the affirmative for the claimants.
Legal Topics
Tree Preservation Orders, Nuisance, Statutory Interpretation
Planning Law Environmental Law Property Law Tree Preservation Orders Nuisance Statutory Interpretation

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Parties

Alison R Perrin

Claimant

William S Ramage

Claimant

Northampton Borough Council

Defendant

Frederick Harry Shephard

Defendant

Sandra Shephard

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether, for the purposes of s.198(6)(b) of the Town and Country Planning Act 1990, it is relevant that there are other possible works that could prevent or abate the same nuisance when determining if cutting down, uprooting, topping or lopping of a tree is necessary for the prevention or abatement of a nuisance.

Ratio Decidendi

The existence of alternative engineering solutions to abate or prevent the nuisance is irrelevant to the operation of s.198(6)(b) of the Town and Country Planning Act 1990. The exemption applies if, as a matter of fact, the cutting down, uprooting, topping or lopping of the tree is necessary to abate or prevent an actionable nuisance, and the works must be the minimum necessary to achieve that purpose. Other factors such as amenity value, alternative solutions, or financial considerations are not relevant under s.198(6)(b).

Court Disposition

Preliminary issue answered in the affirmative for the claimants.

Orders

  • It is declared that, for the purposes of s.198(6)(b) of the Town and Country Planning Act 1990, the existence of alternative engineering works is irrelevant to the necessity of cutting down, uprooting, topping or lopping a tree for the prevention or abatement of a nuisance.