UKTC Archive

a nuisance question

Subject: a nuisance question
From: David Bailey
Date: May 12 2017 10:18:21
I've made a double nuisance of myself for sending this to the requests email 
of uktc.  Sorry

Anyway here it is...

Hi all,

A horrid nuisance question….

An hour of trawling Mynors has not come up with anything so I guess I already 
have my answer, but….

Section 198(6)b of the TCPA 1990 allows consent for felling of trees covered 
by a TPO for the prevention or abatement of nuisance.

If I have this correct, Common law, and the workings of the act appears to 
only consider nuisance as coming from someone else's property onto a third 
parties property.

If a tree with a TPO is causing damage to a property owned by the same person 
(by its trunk believe it or not), is there any way to state it is causing a 
legal nuisance or do I have to rely on common sense?

Mynors at 23.6.1 seems very clear stating Sec State saying "a tree standing 
on a person's own property cannot be a legal nuisance to the owner or 
occupier of that property. However there is some consternation about this 
later in the text, but not relating to the ownership of the tree causing the 

However, if an LPA has placed a legal land charge on a tree which is now 
causing a clear, if not "legal" nuisance, then surely TPO legislation should 
make provision for this?

Perhaps I'm missing something!



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