A businessman has won an extension of time to serve legal papers in his challenge against a tree preservation order affecting 35 acres around his leisure complex in Bridlington. However, he faces a strike-out application on Thursday.
James Robinson, who owns the leisure complex at Marton Hall, Marton, Sewerby, Bridlington, is challenging an order issued by East Riding of Yorkshire Council, which was passed last November and finalised on 9 April 2001.
The order protects some 10,000 trees in the woods and grounds surrounding Marton Hall, but Mr Robinson says that it prevents him from building an access road from the leisure complex to Flanborough Road.
Mr Robinson, who has converted the formerly derelict, Grade II listed building into a complex that includes a function room, restaurant, bistro and swimming pool, claims that the council exceeded their powers by passing the order.
He claims that they had based their order on an incorrect map of the area, and had failed to make a tree survey before passing the order, as the rules require.
He also alleges that the councils reasons for making the order are not genuine, alleging that it was made only in order to justify their position in relation of Mr Robinsons two failed planning applications for a touring caravan site nearby.
On Monday, Mr Robinson, who represented himself in court, won an extension to the time limit allowed for legal papers to be served upon the council, after previous papers were “lost in the post”.
Rejecting the councils submission that they would be prejudiced if the application were granted, Forbes J said: “To the extent that there can be said to be any prejudice, that prejudice is minimal and is outweighed by the need to ensure that a claimant who is not at fault should not have the court door shut in his face by reason of the failure of the postal services.”
However, if Mr Robinsons challenge to the tree preservation order is to proceed, he will first have to defend the strike-out application scheduled for Thursday.
PLS News 18/9/01
