trees – Current Awareness

The faculty jurisdiction and trees in closed churchyards: Re All Saints, Featherstone – Law & Religion UK

Posted March 12th, 2025 in Church of England, faculties, local government, news, trees by Lily

‘In Re All Saints, Featherstone [2025] ECC Lee 1, Wakefield Metropolitan District Council sought a confirmatory faculty for felling and removing an ash tree without lawful authority. The burial ground had been closed by Order in Council under the Burial Act 1853 and the maintenance obligation transferred to Wakefield MDC pursuant to s.215 Local Government Act 1972. Under the transfer of the duty of maintenance, Wakefield MDC was obliged to conduct routine inspections of the churchyard and to undertake “such works as are necessary to eliminate or reduce the risk of harm”. However, closed burial grounds remain subject to the faculty jurisdiction.’

Law & Religion UK, 11th March 2025

Source: lawandreligionuk.com

High Court dismisses cycle lane judicial review on all grounds – Local Government Lawyer

Posted March 10th, 2025 in bicycles, judicial review, local government, news, trees by tracey

‘An application for judicial review and an interim injunction against Coventry City Council’s plans to chop down 26 trees to build a cycleway has been refused by the High Court.’

Local Government Lawyer, 7th March 2025

Source: www.localgovernmentlawyer.co.uk

Man fined for cutting down tree in his garden worth £114,000 – The Independent

Posted February 28th, 2025 in fines, local government, news, sentencing, trees by Lily

‘A man has been fined for chopping down a tree in his garden worth more than £114,000 after claiming a falling branch narrowly missed his daughter.’

The Independent, 27th February 2025

Source: www.independent.co.uk

Contempt proceedings, the Aarhus Convention and costs – Local Government Lawyer

Posted February 10th, 2025 in contempt of court, costs, injunctions, judicial review, local government, news, trees by tracey

‘Rachel Sullivan analyses a case where it was successfully argued that contempt proceedings, brought against the local authority in a dispute over the felling of trees, were an Aarhus Convention claim and thus the claimant was entitled to costs protection.’

Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk

Key power station didn’t properly disclose burning forest wood – BBC News

Posted February 10th, 2025 in disclosure, energy, environmental protection, news, trees by tracey

‘A UK power station that has received billions of pounds in government subsidies has failed more than once to report it burned wood from primary forests, BBC News has found.’

BBC News, 9th February 2025

Source: www.bbc.co.uk

Trees in Churchyards – Law & Religion UK

Posted December 2nd, 2024 in ecclesiastical law, faculties, news, trees by tracey

‘Trees seldom feature in the deliberations of the consistory courts, and since 2014 L&RUK has only reviewed 23 judgments in this area – just 1.9% of the total[*]. In June 2024, the Ecclesiastical Law Association (ELA) re-circulated Re St. Kenelm Upper Snodsbury [2001] Worcester Const. Ct., Mynors Ch on the basis that it was the first consistory court judgment since changes were made under the Faculty Jurisdiction Rules 2000 (SI 2047); this recognized that petitions concerning works to trees were quite different from those relating to building works and provides a special procedure accordingly.

This post includes summaries of Re St. Kenelm Upper Snodsbury and these twenty two subsequently reported cases which have been posted on L&RUK over the period 2015 to present; in descending chronological order.’

Law & Religion UK, 2nd December 2024

Source: lawandreligionuk.com

Balancing heritage and necessity: Consistory Court jurisdiction in managing churchyard trees – Law & Religion UK

Posted November 22nd, 2024 in Church of England, faculties, news, planning, trees by sally

‘The human race has always had an emotional attachment to trees. Trees live so much longer than a human lifespan that we imagine, perhaps sentimentally and fancifully, that they probably knew our ancestors and witnessed significant historical events. Certain familiar trees have become particular objects of affection. The wanton felling of the Gap Sycamore tree caused national outrage.’

Law & Religion UK, 22nd November 2024

Source: lawandreligionuk.com

Man fined for felling of 100-year-old trees – BBC News

Posted October 14th, 2024 in environmental protection, fines, news, trees by tracey

‘A man has been fined after six protected trees were felled in an affluent neighbourhood.’

BBC News, 14th October 2024

Source: www.bbc.co.uk

Amber Valley Borough Council v Haytop Country Park Ltd [2024] UKUT 237 (LC) – No. 5 Barristers Chambers

Posted September 5th, 2024 in appeals, chambers articles, enforcement notices, environmental protection, local government, news, planning, trees by sally

‘In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Richard Kimblin KC appeared for the appellant Borough Council.’

No. 5 Barristers Chambers, 30th August 2024

Source: www.no5.com

Upper Tribunal allows appeal by council over imposition of conditions that compromised enforcement notice – Local Government Lawyer

Posted August 30th, 2024 in appeals, enforcement notices, environmental protection, local government, news, planning, trees, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has overturned a decision of the First-Tier Tribunal (Property Chamber), which it said had not been entitled to impose conditions which had the effect of compromising an enforcement notice and would “perpetuate the harm to the landscape and heritage assets identified by the inspector”.’

Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Landowner who cut down protected woodland fined – BBC News

Posted June 17th, 2024 in confiscation, enforcement notices, environmental protection, fines, news, trees by tracey

‘A landowner who benefited from chopping down a protected woodland has been fined £1,500 and handed an £11,280 confiscation order.’

BBC News, 14th June 2024

Source: www.bbc.co.uk

City council facing second judicial review challenge over tree felling – Local Government Lawyer

Posted February 13th, 2024 in consultations, judicial review, local government, news, planning, trees by tracey

‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’

Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Dog owner fined for chopping down historic apple trees ‘making pet sick and attracting wasps’ – The Independent

Posted December 4th, 2023 in environmental protection, fines, local government, news, trees by tracey

‘A dog owner illegally chopped down three apple trees in his back garden because he said the fallen fruit was making his pet sick and attracting wasps.’

The Independent, 2nd December 2023

Source: www.independent.co.uk

Landowner who felled more than a hundred trees told to replant them – Local Government Lawyer

Posted August 30th, 2023 in environmental protection, local government, London, news, planning, trees by sally

‘The London Borough of Bromley has said it is considering all legal measures after ordering a landowner to replace 131 trees that were felled without permission.’

Local Government Lawyer, 29th August 2023

Source: www.localgovernmentlawyer.co.uk

City fined £200k after grass cutting and arboriculture staff develop hand arm vibration syndrome and carpal tunnel syndrome – Local Government Lawyer

Posted July 13th, 2023 in fines, health & safety, local government, news, parks, trees by sally

‘Plymouth City Council has been fined £200,000 after its failures led to employees developing hand arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS).’

Local Government Lawyer, 12th July 2023

Source: www.localgovernmentlawyer.co.uk

Tree that damaged house too valuable to cut down – BBC News

Posted April 28th, 2023 in housing, local government, news, planning, trees by tracey

‘A man who claims a five-metre branch fell from a tree and damaged his house has been told it is too valuable to be cut down.’

BBC News, 27th April 2023

Source: www.bbc.co.uk

River Lugg damage caused by convicted farmer to cost £700k to fix – BBC News

Posted April 24th, 2023 in criminal damage, environmental protection, news, pollution, trees, water by tracey

‘Fixing damage caused by a farmer who illegally ripped up trees from the banks of a river may cost about £700,000, the Environment Agency says.’

BBC News, 23rd April 2023

Source: www.bbc.co.uk

Plymouth trees: Call for independent inquiry into felling – BBC News

Posted March 17th, 2023 in environmental protection, injunctions, inquiries, judicial review, local government, news, planning, trees by tracey

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

BBC News, 16th March 2023

Source: www.bbc.co.uk

Newcastle council fined £280,000 after falling tree killed six-year-old – The Guardian

Posted January 11th, 2023 in causing death of children or vulnerable adults, children, fines, health & safety, local government, news, school children, trees by sally

‘A council has been fined £280,000 for oversights that led to a six-year-old girl being crushed to death by a falling tree in her school playground.’

The Guardian, 10th January 2023

Source: www.theguardian.com

Council prosecution sees defendant ordered to pay £80k+ over tree preservation order breach – Local Government Lawyer

Posted November 24th, 2022 in fines, local government, news, trees by sally

‘A defendant has been ordered to pay more than £80,000 over the destruction of 16 oak trees in breach of a tree preservation order.’

Local Government Lawyer, 23rd November 2022

Source: www.localgovernmentlawyer.co.uk

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