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Comp. Claim for subsidence by TPO'd Oaks

Comp. Claim for subsidence by TPO'd Oaks
Posted by: mkrzemieniewski (IP Logged)
Date: November 21, 2012 11:33


The Vale of Glamorgan council in South Wales has an issue concerning compensation being claimed following refusal to allow the felling of a neighbours two mature Oaks. They are protected by a tree preservation order served in 1955. Applicants house has internal/external cracks due to ground movement and an appropriate structural report (with tests on soil plasticity, seasonal crack monitoring, trial pit and borehole) accompanied the application. The council argued that the foundations of the garage, (a later extension from the 1960/1970’s nearest to the Oaks and suffering the worst damage), were inadequate – barely 300mm (12 inches). No Bldg Regs consent was sought for the garage. It did not require Pl.Permission. The case was dismissed at appeal.

Notwithstanding the problems with area designations - the appellants agent did argue that the trees could not be old enough to contribute visually at the time the Order was served and that the trees were not clearly within the site’s area however, this was thrashed out at the appeal site meeting and it was agreed by all that the trees were in fact protected by the Order. Planning Inspectorate dismissed it on the grounds that the trees were of significant value to visual amenity and took the view that, in financial terms, the Oaks are worth more than the cost of the necessary remedial work required to the appellants property. This was in February 2012. The Vale now has a compensation claim for £40,000.

This compensation cannot be found from the Development Services thus the Operational Manager feels that unless the authority has any other defence, that Legal should vary/revoke the TPO (in respect of these trees only, hopefully because the Order covers trees in half a dozen villages and a town) and let the trees go and hopefully the compensation claim with it. The Oaks are 11 and 8 metres away from the nearest corner of the applicants/appellants garage, 9 to 11 metres tall and around 100 - 120 yrs old.

The Oaks do not merit an Article 5 certificate. They are not prominent enough.

The question is does the council have any other defence?

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|  Comp. Claim for subsidence by TPO'd Oaks mkrzemieniewski 21/11/2012 11:33

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