Bristol City Council has fought off a unique High Court challenge by one of its own forestry officers who tried to stop part of a Stapleton wood from being protected by a tree preservation order.

Grove Wood, next to the River Frome, is in a Conservation Area. It was bought by developer Lord Houshang Jafari at public auction and an area was felled without permission in January 2008.

Arboricultural officer Jonathan Bown was sent by the council to investigate reports of tree-felling and decided that "no illegal activity had taken place".

The landowner then applied to fell trees next to Blackberry Hill in June last year. Despite more than 100 objections, Mr Bown granted permission for the trees to be felled.

This decision was reversed by councillors in October and confirmed in April this year when a woodland tree preservation order was made.

Mr Bown, of Eaton Close, Stockwood, then challenged the decision in the High Court.

In September last year, Mr Bown's line manager, Richard Ennion, took over from him as officer in charge of the case.

Mr Justice Wyn Williams said Mr Bown did not, as a private individual, register a formal objection to the order, although he "feels passionately that a woodland tree preservation order over the whole of the wood was completely unjustified".

At the High Court, Mr Bown put forward a number of reasons why the order should be overturned, but the judge said that many of his complaints were not strictly legal points.

He dismissed Mr Bown's case on the grounds that – as he is neither the owner of Grove Wood, nor does he live nearby – he is not a "person aggrieved" who would have a legal right to challenge the order.

To allow Mr Bown to pursue his case, said the judge, "would be to widen the category of persons permitted to make such challenges far beyond that which was intended by the legislature, as interpreted by the higher courts".

City council spokeswoman Helen Hewitt said: "The city council welcomes the High Court's decision. The council has maintained all along that due process in this matter has been followed and the decision of the council's development and control committee, October 29, 2008, was sound."

The council was awarded the £5,000 costs of defending the case in court. Mr Bown is still employed by the council.

Steve Micklewright, chairman of Snuff Mills Action Group, said: "This court case follows months of different attempts by Mr Bown to discredit the campaign to save Grove Wood."

Former Bristol City Councillor Alderman Paul Smith said: "It is an extraordinary state of affairs to find that a council officer has taken his own employer to court over a matter of policy of this nature and still remains on their payroll."

Lord Jafari's agent John Mair said he was aware of the court case but he was not involved and so would not comment.

But he added: "We objected to the tree preservation order as we believe it was not justified. We tried to get it overturned and one of these days hope to be successful."

The Post contacted Mr Bown, who said that as a council employee he would only release a statement if the council agreed to its release.

However, the council declined to sanction the release of his statement.