A Bridlington businessman has won the right to challenge a tree preservation order at a High Court hearing in February next year.
In conducting his own case, James Robinson, owner of a leisure complex, Marton Hall, Marton, Sewerby, Bridlington, fended off moves by East Riding Yorkshire Council to have his challenge thrown out on the ground that it had no reasonable prospect of success.
The order protects some 10,000 trees in the woods surrounding the 35 acre grounds of Marton Hall, and other trees growing in the grounds, but Mr Robinson says that it interferes with his development plans.
Last week Mr Robinson won an extension to the time-limit for legal papers to be served upon the council.
Counsel for the East Riding, Megan Thomas, argued that Mr Robinson had at no point disputed that the trees were of sufficient amenity value to justify a tree preservation order, and it would therefore be a “misuse of the courts time” for the case to go to a full hearing.
Forbes J rejected moves to have the claim struck out, and said: “Although he may not be saying that none of these trees are worthy of being protected under a tree preservation order, it is a non sequitur to say that he therefore agrees they ought to be so protected.
He regards himself as a responsible owner of the land. He feels he can be trusted to look after them himself.”
He added that Mr Robinson had evidence to support his allegation that the councils motive in imposing the order was to bolster its position in the inspectors planning inquiry, Forbes J said that it was an unusual allegation, but he could not brush it away.
PLS News 24/9/01
