Development allowed to proceed despite TPO concerns

A housebuilder has received confirmation from a local planning authority that it may properly fell a section of TPO trees pursuant to the regulation 14 exemption under the Town and Country Planning (Tree Preservation) (England) Regulations 2012 in order to allow for a delayed residential scheme to come forward, following an earlier refusal and threatened injunction proceedings. The LPA had (wrongly) maintained that Regulation 14 had no application on the basis that a condition subject to which the planning permission had been made subject, should be construed in a way as to continue the protection of the trees, notwithstanding a contradicting Arboricultural Impact Assessment having been approved by the LPA as an integral part of the original planning application.

Juan Lopez successfully advised the housebuilder.