UKTC Archive

RE: Perrin Appeal

Subject: RE: Perrin Appeal
From: Ben Oates
Date: Dec 20 2007 12:26:36
So now LPAs know that alternative engineering solutions are relevant
when determining whether the tree should be cut down. 

1) Does this mean that it is acceptable for engineering solutions to be
an alternative to the cutting down, uprooting, topping or lopping of a
tree in order to abate an actionable nuisance?

2) If the alternative engineering solutions are necessary are LPA are
not liable for compensation if consent is refused for the cutting down,
uprooting, topping or lopping of a tree? 


Accordingly, the judge had been wrong to find that s.198(6)(b) was
concerned only with allowing such cutting down or lopping works as may
be necessary to prevent or abate an actionable nuisance. The judge's
construction to the effect that it was enough that something done to the
tree would prevent or abate the nuisance failed to give proper weight to
the word "necessary". In the circumstances, his reasoning was flawed and
it did not support the conclusion that the existence of alternative
engineering solutions was irrelevant to the determination of the
question whether the cutting down, uprooting, topping or lopping of a
tree was necessary for the prevention or abatement of a nuisance.

Appeal allowed.<<


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