UKTC Archive

FW: TPO Compensation

Subject: FW: TPO Compensation
From: Jim Quaife
Date: Jan 03 2019 12:02:10
An LPA may ask for evidence as to the most cost-effective solution but I'm 
not sure that they should be suggesting methods.  A switched-on TO may choose 
to have "a natter" with the applicant if a potential solution has not been 
examined, but otherwise the LPA would have to have some notion of costs, and 
they have no business spending officer time doing that.
As others have said, a refusal is necessary to instigate the process, and the 
terms of that can be instructive.
Jim 

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of 
oisink@xxxxxxxxxxx.com
Sent: 03 January 2019 11:22
To: UK Tree Care
Subject: RE: TPO Compensation

I agree it's not that simple, but for different reasons.

In the scenario described, a refusal of consent would result in a loss 
calculated as the difference between the cost of repairs
(1) with the tree retained; and
(2) with the tree removed .

Assuming there is no other viable repair method, this does form the basis of 
a valid claim. The increased costs arises as a result of a refusal of 
consent. 

But in seeking to reject a claim, I reiterate the Council might suggest 
alternative ways of fixing the wall with the tree present - so be sure. Also, 
in practice it is difficult to get Council's to pay up unilaterally and you 
may need to make a claims via the Lands Tribunal, for which the usual legal 
fees and litigation risks apply. For a sum of around £2000, I doubt many 
would wish to run that to the Lands tribunal.

Good luck

Oisin

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Julian Morris
Sent: 03 January 2019 11:01
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: TPO Compensation

[Text converted from HTML]
Trevor, not that simple. Firstly claims for compensation canot be met 
retrospectively. The damage needs to have happened after a refusal, and the 
refusal has to be done in the knowledge of reasonably foreseeable damage. 
Secondly, an application for removal of the tree might reasonably be met with 
refusal by the LA because (as you say yourself) an alternative solution to 
removal is possible, even if it is expensive.

Oh and thirdly, it depends what the TPO says. Orders can legitimately include 
or exclude rights to compensation.

Julian A. Morris - Professional Tree Services jamtrees.co.uk and 
highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Thursday, January 03, 2019 at 10:26 AM
From: "theapsy@xxxxxx.com" <uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: TPO Compensation

Hi All.
Can you help out with this scenario please.
Mrs 'Smith' has a protected tree in her rear garden that is clearly
pushing over her listed boundary brick wall.
Having received quotes, it's going to cost £5,000 to demolish and
re-build the wall with the tree in situ (i.e using special / bridging 
foundations). Or, it's going to cost £3,000 to demolish and re-build the wall 
with traditional foundations (if the tree can be removed).
If an application to remove the protected tree (supported by a report
and copies of the quotes etc) is refused, is the Council liable to pay 
compensation for the difference between the two?
Or am I simplifying the matter too much?
Cheers
Trevor Heaps


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