Trial over uprooting of tree subject to preservation order collapses

The trial of a developer in North East Lincolnshire has been halted after his QC successfully argued that the proceedings should be stayed as an abuse of process which “offended the public conscience”.

Stuart Hewson had been prosecuted by North East Lincolnshire Council for uprooting a tree protected by a tree preservation order.

Clive Newberry QC of Francis Taylor Buildings, argued on behalf of the developer that there had been an abuse of process because the authority had failed to include any reference to the TPO in its local land charges search which Hewson had obtained shortly before uprooting the tree.

In supplying a defective search the local authority had in effect removed the ability to ascertain that the tree was protected and that to remove it was an offence, the QC added.

A second summons issued by North East Lincolnshire alleging a failure to notify the authority of an intention to demolish a building under the Building Act was also dropped by the local authority which offered no evidence.

A North East Lincolnshire Council spokesman told the Grimsby Telegraph: "Obviously, we're very disappointed with the judge's decision regarding the removal of the protected tree.

"We felt we had a valid case after the house and its garden were razed to the ground without any prior notice, but following further legal advice, we also chose not to proceed."