IMPORTANT TREE CASE

The High Court in Palm Developments Ltd. v. Secretary of State recently reviewed the law on tree preservation orders, and clarified the scope of woodland orders. In the process, Cranston J clarified the definition of a "tree" for the purposes of the Planning Act (it includes a sapling, at any age; but not a shrub or scrub), and confirmed that a woodland order does operate to protect trees coming into existence after the order is made.

Charles Mynors, the author of the leading textbook in this area - The Law of Trees, Forests and Hedgerows - acted for Palm Developments.