QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|FIRST SECRETARY OF STATE|
|WAVERLEY BOROUGH COUNCIL||(DEFENDANTS)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR EVANS appeared in person
MR J STRACHAN (instructed by Treasury Solicitors) appeared on behalf of the FIRST DEFENDANT
Crown Copyright ©
"21. Many of the mature trees on the appeal site are surrounded by garden buildings and in some cases timber decks and platforms are positioned immediately adjacent to the trunks. I consider that the close juxtaposition of trees and structures, together with the effect of the changes to the natural landform along the western side of the site, has placed many of the protected trees on the site at risk. In the absence of any information regarding the future management of trees I consider that the continued use of the site for the display of these goods would fail to provide for the long term retention of important trees. In my view, it would lead to the loss of protected trees and a consequent reduction in tree cover."
I draw attention before continuing in my reading to the fact that in her explanation she refers to "important trees", thus indicating a judgment on her part distinct from her reference to "protected trees", which is a reference to the effect of the making of the tree preservation order under the provisions of section 198 of the Town and Country Planning Act. Paragraph 22 continues:
"Government guidance in Tree Preservation Orders: A Guide to the Law and Good Practice states that TPOs should be kept under review and whilst the Council has commenced a project to review TPOs in the Borough those at the appeal site have not yet been reviewed. However the absence of a recent review does not, to my mind, diminish the protection afforded by the TPOs or the harmful effect that the proposed use would have on tree cover. To conclude on this issue, therefore, I consider that the continuation of the unauthorised use [that is the use to which permission for retention was sought] would lead to the loss of important trees which make a significant contribution to the appearance of the landscape and would conflict with Local Plan Policies D7 and C7."