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Kirsty McLennan

Posted 8 March 2016
by Kirsty McLennan

Park rules- What is considered a tree?



A majority of holiday and residential parks will have a set of park rules which all their holiday caravan owners or homeowners will be required to comply with. A common park rule used by both holiday and residential parks prohibits holiday caravan owners and/or homeowners from cutting down any trees on the park.

Although it may seem obvious, park owners should be aware of what the law considers to be a tree so that there can be no question of what is protected by the park rules and what isn’t.

The Court of Appeal recently considered whether or not seedlings and saplings are classed as trees in Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another [2015], and held that a tree is a “tree” at all stages of its life, except when it is a seed. This would mean that any tree planted on a park would be protected by the applicable park rules as long as it has grown beyond its seed stage. The Court further stated that any seedling would certainly be a tree once it is capable of being identified as a species which normally takes the form of a tree.

If you have any queries regarding park rules or if you are interested in subscribing to our Parklaw service contact the Park Home Solicitors by telephone on 01392 207020 or email parks@tozers.co.uk.​

Photo by: Elliot Brown

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About the author

Kirsty McLennan

Kirsty McLennan

Associate

Associate in the commercial litigation team helping landlords, tenants and owners of residential and holiday parks resolve disputes