Barney-Smith and another v Tonbridge and Malling Borough Council

Town and country planning – Trees. The Court of Appeal, Civil Division, in dismissing the appellant landowners' appeal, held that the legislative regime for tree preservation orders (TPO) did not stand apart from the statutory scheme for land use planning in a case where the appellants argued that their felling of trees had been lawful, notwithstanding a TPO, because relevant planning permissions had made it lawful for them to do so. In the circumstances, the felling had been in breach of the TPO, as well as an undertaking given subsequent to the TPO.

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