THE High Court has upheld a council's decision regarding a Tree Preservation Order imposed on a Worcestershire resident.

Lawrence Brennan, of Rock Hill, Bromsgrove, alleged that the order to protect trees on his property was unlawful and that it breached his human rights by preventing him from fully enjoying the benefits of his property.

But High Court Judge Mr Justice Richard dismissed his appeal and ruled in favour of Bromsgrove District Council, awarding costs to the council.

He said the Tree Preservation Order represented a fair balance between the good of the community and the individual's rights.

Mr Brennan was refused planning permission to build a house in his garden two years ago and he claimed that this was partly due to trees on the site.

The district council has ordered him to make safe a damaged tree that threatens his neighbour's property.

"This is one of the very few tree cases to reach the High Court and we are pleased that our action has been upheld," said Bromsgrove's head of local plans, Paul Crysell.