An ancient oak tree that blocked part of a housing development at Solihull 10 years ago is at the centre of a £2m High Court trial.
Cala Homes claims that its plans for a prestige housing development at Four Ashes, Dorridge, Solihull, were disrupted after it was found that the oak was the subject of a tree preservation order.
It is now suing Solihull Council, which allegedly misled the company into believing that the tree could be felled. Lawyers say damages, with interest, could be in the region of £2.2m.
Cala Homes (Midlands) originally paid £1.65m for the 20,600 sq ft site, on which it intended to build 14 properties.
However, it maintains that, as a result of the tree preservation order, it lost 1,747 sq ft, reducing the scale of the development by one four-bedroom house or two three-bedroom houses.
The trial, which began this morning before Mrs Justice Smith, is expected to last for up to three weeks.
Cala Homes (Midlands) Ltd v Solihull Metropolitan Borough Council QB (Smith J), 19 April 1999
Monique Allan (instructed by Forsters) appeared for the plaintiffs; John Ross (instructed by Vizards) appeared for the defendants.
PLS News 19/4/99
