The Public and Third Sector Law Reports
[2018] PTSR 485
Court of Appeal
Burge and another
v
South Gloucestershire Council
[2017] EWCA Civ 1313
2017 July 11;
Sept 8
Sept 8
Lindblom, Irwin LJJ
Planning— Tree preservation order— Compensation— Tree preservation order making provision for payment of compensation in respect of loss or damage caused by refusal of consent under order— Compensation not payable if loss or damage “reasonably foreseeable” by claimant and attributable to failure to mitigate— Proper approach to question whether loss or damage reasonably foreseeable— Town and Country Planning Act 1990 (c 8), s 203—
Town and Country Planning (Tree Preservation) (England) Regulations 2012 (SI 2012/605), reg 24(4)(c)
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