It's interesting that Dr Mynors states that in the absence of a Wednesbury challenge to procedural process:
(a) ...this (R v Test Valley BC, EX p Anne) is the only case that may be referenced, and that,
(b) ...the reasoning of the judgement is succinct, and it is not possible readily to discern the principles on which its conclusions were reached, so as to predict what might be the outcome of future challenges.
So here in lies a potential caution against what might be considered the 'habit' of citing a single example and applying it, carte blanche, across a broader range of possible circumstances than might reasonably apply. (I can think of several perennial examples)
For starters, the only (partially relevant) case reference is some 20 years old (not a long time in legal nor tree years but a long time in human habit, interpretation and willingness to accept authority perhaps!)
So it got me to thinking, that case was a tree owner notifying intention in a CA, the LA objecting and implementing a TPO, the tree owner seeking consent to fell a TPO tree, the LA objecting, the tree owner seeking assistance from the LA by means of a statutory nuisance and the LA refusing to assist.
There is a lot of your own homework being marked in that passage of events.
Would it wash today?
It's not uncommon to see a LA stating that they will "defend at all costs" (example below) which resulted in pretty robust lambasting from the beak, and I'm thinking of a local planning app which has been called to JR next month where the LA haven't quite said "defend at all costs" but they have said "robustly defend their decision."
I can't help but think - shouldn't the default starting position of a local government body - who's purpose is to serve the people - be something more like "...oh, we'd better have another look at that and see if there is a mutually satisfactory way to approach it..." rather than "...defend at all costs...?"
Not suggesting that the OPs circumstance warrants anything more than the attention it's already had - all sounds relatively minor - just saying, it might not be wise to bet all your chips on defending all future claims for abatement from insects / spores on what appears to be a fairly sketchy precedent especially where attitudes towards the importance of 'authority' seem to be on an ever decreasing scale.
Just thinking out loud really....
Information request - a Freedom of Information request to Test Valley Borough Council - WhatDoTheyKnow
WWW.WHATDOTHEYKNOW.COM
Please provide the information held in relation to the decision making process by the council in R v Test Valley Borough...