Dillner, Regina (on The Application of) v Sheffield City Council: Admn 27 Apr 2016

The claimant challenged the policy of the respondent council to replace many established trees along streets in the City.
Held: Permission to apply for review was refused: ‘Some concern has been expressed by objectors to the scheme that, in some cases, a street has lost all of its trees. Some realism is required. Trees are not immortal, and they have a life-cycle. It cannot be surprising that trees of the same species and of similar ages on a street will reach the point at which they may require felling at about the same time.
The replacement trees were and will be extra heavy standards, of around 8 – 10 years in age, with a girth of 14 – 16 cm and 3 metres tall depending on species. Mr Caulfield [the council’s director of Development Services] explained that if they were smaller, they would be more likely to be damaged by weather or vandalism, and if any larger, they would struggle to thrive and root quickly. Although it was part of Mr Dillner’s case (and that of his witnesses) to complain that the replacement trees were not replacement of ‘like for like’ such a course is plainly unrealistic, and is not supported by the Claimant’s own expert witness Mr Crane who offers no criticism of the choice of trees used for replacement.’

Gilbart J
CO/613/2016, [2016] EWHC 945 (Admin), [2016] Env LR 31
Judiary, Bailii
Highways Act 1980, Local Government Act 1972 111(1)
England and Wales
CitedRangeley v Midland Railway Company CA 1868
Where there is a highway, the surface of the land or other property is dedicated to public use.
Cairns LJ described a highway as: ‘a dedication to the public of the occupation of the surface of the land for the purpose of passing and . .
CitedDenaby and Cadeby Main Collieries v Anson 1911
A right of public navigation includes the necessary incidents of such passage including the right to drop an anchor. In principle it is possible to acquire title to part of the bed of a tidal river or to the foreshore through the occupation of a . .
CitedRegina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
CitedRFW Coppen and others (Trustees of the Thames Ditton Lawn Tennis Club) v Bruce-Smith CA 27-Mar-1998
Opposition too new tenancy – whether landlord had intention to redevelop . .
CitedHammerton, Regina (on the Application of) v London Underground Ltd Admn 8-Nov-2002
Planning permissions had been deemed to have been granted for the construction of the East London Line Extension to Dalston. It was proposed to demolish an historic goods yard with associated buildings to make way for the line. The claimant objected . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 09 November 2021; Ref: scu.562901