Courts clarify woodland TPOs

Courts clarify woodland TPOs

posted by Chris Hastie on Feb 14 2009 11:26

In a High Court challenge brought by Palm Developments Ltd against the Secretary of State for Communities and Local Government the judge has ruled that a woodland TPO serves to protect all trees within a woodland, as not to do so would not effectively protect the woodland.

"As for the temporal reach of woodland orders, I see nothing illogical in tree preservation orders applying to future trees. The tree preservation order for the one tree, or for a group of trees, may be intended to apply to specific trees only, but a woodland order would seem designed to protect the undifferentiated mass of trees in the specified area. The order would not achieve its purpose if it applied only to the trees existing at the date it was made. Since those trees would die it would be necessary if the woodland were to be protected to make new orders, on an uncertain but periodic basis, to continue to protect the trees in the area. That cannot be a sensible construction of the legislation"

You can read the whole judgement on the BAILII website.