[2025] UKUT 053 (LC)

On 22 July 1957 the authority made the Enfield Tree Preservation Order No 2 (“the TPO”) pursuant to section 28 of the Town and Country Planning Act 1947. It was confirmed by the Minister on 20 May 1958 and protects, inter alia, trees within Bush Hill Park Golf Course, which adjoins the property.

Under section 193 of the Planning Act 2008, TPOs made prior to 6 April 2012 take effect with the omission of all their provisions except those which identify the trees to which the order applies. In their place the provisions of the Regulations apply.

Regulation 13 prohibits, inter alia, the felling of protected trees without the consent of the local planning authority, subject to certain exemptions in regulation 14. Regulation 16 prescribes the form and content of an application to carry out works to a protected tree. Regulation 17 provides that an authority to whom an application is made may grant consent, with or without conditions, or may refuse consent. There is a right of appeal to the Secretary of State against an authority’s refusal of consent.

Regulation 24 provides for compensation. So far as material, it states:

“(1)

If, on a claim under this regulation, a person establishes that loss or damage has been caused or incurred in consequence of—

(a)

the refusal of any consent required under these Regulations;

…

that person shall, subject to paragraphs (3) and (4), be entitled to compensation from the authority.

…

(4)

In any case other than those mentioned in paragraphs (2) or (3), no compensation shall be payable to a person—

(a)

for loss of development value or other diminution in the value of the land;

(b)

for loss or damage which, having regard to the application and the documents and particulars accompanying it, was not reasonably foreseeable when consent was refused or was granted subject to conditions;

(c)

for loss or damage reasonably foreseeable by that person and attributable to that person’s failure to take reasonable steps to avert the loss or damage or to mitigate its extent; or

(d)

for costs incurred in appealing to the Secretary of State against the refusal of any consent required under these Regulations or the grant of any such consent subject to conditions.

…

(6)

Claims for payment of compensation by virtue of paragraph (1) shall be made in writing to and paid by the authority.

…

(8)

Any question of disputed compensation under this regulation shall be referred to and determined by the Upper Tribunal.

(9)

In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 (costs for proceedings of Upper Tribunal) and sections 22 (Tribunal Procedure Rules) and 29 (costs or expenses) of the Tribunals, Courts and Enforcement Act 2007 shall apply subject to any necessary modifications and to the provisions of these Regulations.

…”

Interest is payable on compensation awarded under regulation 24 pursuant to section 80 and Part 1 of Schedule 18 to the Planning and Compensation Act 1991 and section 32 of the Land Compensation Act 1961 at the rates specified by the Acquisition of Land (Rate of Interest after Entry) Regulations 1995.