A larch tree overhung a garden, but was protected by a tree preservation order. The inspector declined authority to lop it on the basis of its value to the amenity. The Secretary overruled this but his decision was, in turn, set aside by the court on the basis that it was first too indistinct to allow the parties to know just what was allowed, and also that in denying the damage to the amenity value, he had failed to give sufficient reasons for going against the inspector.
Citations:
Gazette 15-Mar-2001, Gazette 29-Mar-2001
Statutes:
Town and Country Planning Act 1990 288
Jurisdiction:
England and Wales
Planning, Environment
Updated: 28 April 2022; Ref: scu.88780
