PARSON DROVE: New Year victory for home owner who fought Fenland Council's tree order
PUBLISHED: 12:13 02 January 2009 | UPDATED: 11:45 29 April 2010
A GOVERNMENT inspector described a tree replacement order issued by Fenland District Council as fundamentally defective and ordered it to be quashed. It means a New Year victory for Kim Winstone who fought against the council s ruling that she needed to
A GOVERNMENT inspector described a tree replacement order issued by Fenland District Council as "fundamentally defective" and ordered it to be quashed.
It means a New Year victory for Kim Winstone who fought against the council's ruling that she needed to plant to large leaved lime trees at the Main Road, Parson Drove, home.
Mrs Winstone appealed to the Planning Inspectorate against the council's decision nearly a year ago that ordered her to plant the trees to replace a cedar tree and a lime tree which had been felled at her home, The Limes.
However confusion over how many trees were allegedly removed prompted the Government inspector who conducted a public inquiry to quash the order.
Phil Warry, on behalf of the Planning Inspectorate, said: "Whilst photographic evidence shows that one tree had been removed, it is not clear that this shows the stumps of two different trees.
"The Secretary of State therefore accepts the Inspector's view that it has not been conclusively established that more than one tree was removed, so takes the view that it would be unreasonable to require the planting of two trees."
Mr Warry argued that whilst replacement planting would be justified in the interests of amenity, the notice issued by Fenland District Council "is fundamentally defective in view of the doubts expressed over the number and identity of the trees which are stated to have been removed."
The public inquiry heard that Fenland Council served a tree replacement order after discovering three years ago that a cedar tree and a lime tree at The Limes had been removed.
However Ms Winstone argued that the trees were removed before she bought The Limes is May 2007 and she was unaware of any issues relating to trees.
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