Courts / Waterford / Report

Retired businessman brings proceedings over "Tree Preservation Order"

Date
2017-02-09
Stage
Hearing Or Decision
Primary locality
Tramore
County
Waterford

Summary

In a High Court hearing, retired businessman John Cassidy of Rocklands House, Tramore, Waterford, argued that a Tree Preservation Order (TPO) issued by Waterford City and County Council on 8 November 2016 unlawfully prevented him from cutting down sycamore trees on his 6.5‑acre property, Bookies Wood. Cassidy had received a Limited Felling Licence from the Department of Agriculture in January 2016, allowing him to fell sycamores that were causing nuisance and safety concerns for neighbouring properties. He claimed that the TPO, which prohibits cutting down sycamores and Red Oaks, was imposed without his consultation and that it interfered with his lawful rights under the licence. Cassidy seeks judicial review to quash the TPO, declarations that the order is null and void, and damages from the council. Permission to proceed was granted by Mr Justice Seamus Noonan, with the case scheduled for a March hearing.

Who, what, where, when and why

What: Report matter: Retired businessman brings proceedings over "Tree Preservation Order". Procedural stage: hearing_or_decision

When:

Why: He said this was because Waterford City and County Council had issued a Tree Preservation Order, which prohibits him from cutting down or destroying the sycamore or the Red Oaks, which he said he never planned to cut down and intends to preserve, on his land. CNI source report

Places mentioned

Court Venue
  • High Court
Facility
  • Rocklands House
Secondary Mention

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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