Henriques v Swale Borough Council: CA 7 Oct 1996

The appellant challenged refusal of the Lands Tribunal to authorise him to fell a tree protected under a Tree Preservation Order. He complained that the decision had not been certified properly by the authority as was required.
Held: ‘ The word ‘certificate’ does not require a document or a statement to be in any particular form. It requires there to be a formal and clear statement of facts or conclusions.’ No particular form of words was required. A notice had been given which satisfied this requirement. The fact that the actual signatory had no part in the actual decision did not invalidate the certificate he gave. The appeal failed.

Citations:

[1996] EWCA Civ 675, [1997] 1 PLR 1

Links:

Bailii

Statutes:

Town and Country Planning Act 1971 60 61

Jurisdiction:

England and Wales

Cited by:

CitedBeyers v Secretary of State for Environment, Transport and Regions and Uttlesford District Council Admn 31-Aug-2000
The appellant challenged refusal of leave to fell a tree protected by a tree preservation order. The tree was old and large, and its roots had begun to undermine the claimant’s buildings. The original consent to a reduction of the crown of the tree . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 31 October 2022; Ref: scu.140542