The claimant challenged grant of a planning permission to erect a two story dwelling, saying that a tree would be lost.
Held: The policy does not only provide a condition under which only development will be permitted: it also requires that any impact is minimised. The inspector, whilst recognising that in the application of the policy the development could be permitted, recognised also the need to minimise the impact upon the tree. Thus it appears to me that the condition was wholly necessary in the light of the policy requirement to minimise damage, clearly relevant to the development in question, and nobody has suggested that it was not enforceable or precise or, save as otherwise criticised, reasonable.
Mark Ockleton DHJ
[2015] EWHC 142 (Admin)
Bailii
Citing:
Cited – Christchurch Borough Council v Secretary of State for the Environment CA 16-Dec-1993
The council appealed against the inspector’s decision to grant permission to a construction company to build houses on land. The land had formerly been used as a school playing field and was now surplus to requirements. The Council wished to put the . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 28 December 2021; Ref: scu.542931
