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Vol 25 No 2 Feb/March 2020

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The Law of Trees, Forests and Hedges 2nd ed

ISBN13: 9781847039149
Previous Edition ISBN: 0421590408
Published: December 2011
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £269.00

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This acclaimed text is the only comprehensive reference source on the law relating to trees, forests and hedges.

This new edition explains the general law on trees, dealing with such matters as ownership, trees and hedges on property boundaries, high hedges, hazardous trees, highway trees, works to trees, and the planting of trees and hedges. It then examines the law relating to commercial forestry, including its financial and environmental aspects, and outlines mechanisms for protecting important trees and hedges.

The new system of tree preservation orders to be brought in by regulations made under the Planning Act 2008 is covered, and the new regime controlling high hedges on boundaries, established by the Anti-Social Behaviour Act 2003, is explained. The author also examines the Plant Health Order 2005, and the issue of restocking notices following unauthorised felling.

  • Provides an up-to-date summary of the case law on owner's liability for trees and claims for tree-related subsidence damage
  • Discusses the new system of tree preservation orders, brought in by the Planning Act 2008 and the Town and Country Planning (Tree Preservation) Regulations 2011
  • Deals with the new Plant Health Order 2005, and the altered rules on unauthorised felling
  • Analyses the procedures for dealing with high hedges under the Anti-social Behaviour Act 2003
  • Refers to 50 new cases, including Palm Developments v Secretary of State in the High Court and Perrin v Northampton BC in the Court of Appeal
  • Contains a new chapter on the law in Scotland
  • Sets out the full text of all the relevant legislation
  • Provides sample conditions for use with planning permissions and consents under tree preservation orders

Property Law, Environmental Law, Planning Law
Part 1: Introduction

Part 2: Trees and Hedges- The General Law
Ownership of trees
Trees on or near boundaries
Boundary hedges
Hazardous trees
Trees and highways
Trees and statutory undertakers
Other forms of liability for trees
Carrying out works to a tree
Planting trees and hedges

Part 3: Forestry
Commercial forestry
Financial considerations
Environmental impact of forestry
Felling licenses and directions

Part 4: Trees and Woodlands of Particular Value
Protection for significant trees and woodlands
Making a tree preservation order
Works to protected trees: the need for consent
Unauthorised works to protected trees
Trees in conservation area
Trees in churchyards

Part 5: Hedgerows
Inclosure Act hedgerows
Protection of important hedgerows

Sample conditions for use with planning permissions
Sample conditions for use with consents under tree preservation orders
Penalties for criminal offences
Relevant organisations