Developers who clear-felled trees covered by a Tree Preservation Order (TPO) at Blacknest Park near Ascot will have to replace the woodland, as required by the Royal Borough of Windsor and Maidenhead (RBWM), following an unsuccessful challenge in the Court of Appeal.
RBWM writes:
The owners of Blacknest Park in Ascot will have to replace the trees they cut down at the woodland site following an unsuccessful appeal to the Court of Appeal.
Distinctive Properties (Ascot) Limited, a development company, bought the 6.4 hectare site close to Virginia Water in 2010. In about April or May 2012 an area of about 0.8 hectares was clear-felled, despite there being a tree preservation order (TPO) in place. This TPO expressly requires the consent of the Royal Borough before any tree removal can take place.
As a result the Royal Borough issued a tree replacement notice (TRN) on 15 January 2014 to secure the reinstatement of the woodland in the area concerned. This required the landowner to plant 1,280 trees in total including alder, willow, English oak and beech.
On 15 August 2014 the planning inspector upheld the council’s decision to issue the TRN.
Distinctive Properties appealed to the High Court and then the Court of Appeal but both appeals have now been dismissed.
This final hearing at the Court of Appeal took place on Tuesday 17 November and the judgment was delivered on Tuesday 8 December.
Distinctive Properties’ appeal was based on their disputation of the number, as there were only 27 tree stumps visible. The Royal Borough countered that the area had been clear-felled with much of the woodland burnt or disposed of and the figure of 1,280 was a reasonable estimate.
The company’s appeal to the court was based on the inclusion of saplings in this number, but Lord Justice Jackson, Lady Justice Gloster and Sir David Keene agreed that woodland includes saplings and small trees and the council was correct to include them in the count.
The owners now have to comply with the terms of the TRN.
Cllr Christine Bateson, cabinet member for Ascot and the Sunnings, said: ‘This verdict is wonderful news. Residents will be delighted to hear that trees will be reinstated at this cherished woodland site.’
Cllr Derek Wilson, cabinet member for planning, said: ‘Well done to our tree and legal teams for the excellent work they have carried out in this long-running case.’
RBWM news release
