We have recently won an appeal and a full award of costs against the decision of a Local Planning Authority to refuse consent to fell a silver birch tree. The location of the tree was effectively stopping the redevelopment of the site with 2 new build homes.
We undertook a robust Visual Impact Assessment and managed to prove that the tree made a barely perceptible contribution to the character and visual amenity of the area.
A costs application was made as we considered the LPA to have acted unreasonably. Costs were awarded in full, with the LPA not even bothering to answer the case put forward – this was quite rightly seen as a concession by the Planning Inspectorate.