UKTC Archive

RE: Definition of public.

Subject: RE: Definition of public.
From: Jon Heuch
Date: Jul 26 2021 11:23:55
[Text converted from HTML]
CHELSEA [2010] EWHC 3274 (QB)
Whilst this judgment got bogged down in council procedure as to how an
opposed TPO should be considered, the judgment only mentions the word
"public" 113 times.
published in early 2011, so predating current guidance
Central London so not too relevant to most suburban gardens
Para 87 onwards considered the point:
It seemed to turn on whether a "reasonable degree of public benefit"
accrued from the tree, not just its simple visibiilty.
My judgment copy ends on page 34 at para 151 and I am not convinced I
have the full judgment but the TPO was quashed but with a delay allowing
the council to serve a new TPO before its quashing. The issue of whether
the council's tree officer had given due consideration as to whether the
tree provided public benefits or was private was not a matter that led to
the quashing of the TPO.

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