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Certainly the common botanical definition of ‘tree’ would suggest that a tree is a type of plant, but we have been unable to find any case law on or other legal authority which definitively confirms whether a tree falls within the wider definition of plant or not. However, a hedge can be formed out of trees (see below).
The case of Distinctive Properties (Ascot) Ltd v Secretary of State for Communities & Local Government focusing mainly on the question of whether a sapling or seedling is a tree, but Sir David Keene indicates at para 42 that a tree would be legally construed as a plant:
‘The definition of “seedling” in the Concise Oxford Dictionary is “plant raised from seed and not from cutting, etc.” If the “plant” is of a tree species, I can see no reason
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