It's all fair comment, and I am not put out at all.
The discourse on moral obligation is well put together, but of the 3 sources of moral obligation put forward, none include the type of moral obligation that would drive a conbsultant to seek a TPO on trees that would prevent a client carrying out otherwise lawful development. The moral obligation implied is to society by the consultant. No such obligation is owed in any way that arises from the relationship between consultant and client.
I agree totally this type of debate if it was hypothetical would be useful for everyone. Instead I feel really uncomfortable for the involved parties that the debate is public and about a real case.
Once a consultant is appointed, I am adamant that te professionalism debate is as binary as you suggest it might be. For me my reputation is important and I exercise this sort of professional discretion by declining appointments that I find morally unacceptable. Someone else then gets them, there's always a hired gun to be found.
We do live in a world that doesn't care that much. Things happen that I don't like, but I'm not in charge and if they are lawful I can't do anything about it. Developers ultimately care about one thing only. They might have a personal fondness for trees but let them be felled anyway for their own site. In an open market, a site will eventually pass through the hands of someone that doesn't care about trees. Statistically speaking, that will be the overall effect felt by society.
A consultant who gets to (i) see trees that in the absence of his appointment he would not get to see and (ii) becomes aware of a threat to trees that he otherwise would not know about, is in a priveleged and confidential position. To try to turn that into giving the Council grounds to deem it expedient to protect the trees, well I can't pin it down to any specific wrongfulness. But it seems intuitively wrong. And someone putting himself forward (I think this was much of Jon Heuch's thrust) that he is a professional who will selflessly provide services in return for payment, would in my mind be professionally bankrupt if he grassed up a client.
And what would the repercussions be? Let's assume the value of the site would be greatly increased by a planning consent. Let's say also that such a consent or the form of develpment that would give rise to the additional value would not be possible with the trees in place and protected. Let's also say that with no TPO in place the developer could lawfully remove the trees before applying for consent. And finally let's assume the Council would have no way of knowing that this might be about to happen except by being tipped off with the consultant with insider knowledge.
OK, put that into a civil court with the developer looking to recover the loss of development value from the consultant. The loss was foreseeable, was directly attributable to the 'tipping off', was avoidable, the connection between the parties was direct, a duty of care existed by the consultant to the developer. It is taken as read that the duty included doing what the consultant was commissined to do. But does it preclude not doing what he was not commissioned to do?
I think a higher court would run a mile before setting a precedent that meant that parties in a business relationship could stab each other in the front, on a whim, just because they had not expressly stated that they wouldn't. And if the consultant did somehow against overwhelming odds make it out of court without a decree aganst him, he might as well buy a chainsaw and get directly involved in the killing of trees for a livelihood, because he's never going to work as a consultant again as long as he lives.