UKTC Archive

Re: Non invasive cable brace

Subject: Re: Non invasive cable brace
From: Julie Richardson
Date: Dec 21 2006 09:30:59
On 21/12/06 Ed Hopkins wrote:

comments in the Perrin judgement about the irrelevance of engineering
solutions might colour matters. <<<

Ed
 
Why??  The Perrin judgment said that alternative engineering solutions were 
not
relevant in considering whether the cutting down, uprooting, topping or 
lopping
of any trees was necessary for the prevention or abatement of a nuisance - ie 
in
determining whether or not the exemption in section 198(6)(b) applied.  This 
is
separate and distinct from the application and appeals process - as was made
clear in the judgment.  Specifically the Judge indicated (paras 13 and 14) 
that
the LPA and Secretary of State have wide discretion in deciding TPO 
applications
and appeals which entitles them to take into account a whole range of 
factors. 
These were set out more fully in para 51 - and include alternative engineering
solutions as well as the amenity value of the tree.
 
Regards
 
Julie
DCLG
 
 

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