This
case involved a claim by the plaintiff against Holderness BC for compensation following
the councils refusal to grant permission to fell an Ash tree which was the subject of a
tree preservation order and was considered to be causing damage to his house. The original
application to remove the tree also went to the Secretary of State for the Environment
for appeal and this was also refused. The plaintiff now sought compensation for costs
incurred for the remedial works made to the house, for professional fees and for the cost
of the unsuccessful appeal made to the Secretary of State for the Environment. Additionally,
the plaintiff also claimed interest on these amounts.
The plaintiff was successful in recovering the sum of £13,675 as compensation for the
councils refusal to grant permission to remove the tree. |