UKTC Archive

RE: TPO Compensation

Subject: RE: TPO Compensation
From: Howe, Ron
Date: Jan 03 2019 15:14:13
You're almost right Julian.

Compensation can only be claimed  for damage resulting from a refusal.
The LPA likely to refuse if there is a 'reasonable' alternative solution ... 
if of course, the tree is important enough.

All TPOs however now come under one set of regulations since 2012, which 
cancelled all the previous varying clauses and the compensation rules are in 
section 6 of the 2012 Regs. 
http://www.legislation.gov.uk/uksi/2012/605/contents/made

Compensation of this nature goes to Lands Tribunal ... I've been there 
several times and won.

Also, I don't see why rebuilding a wall with a bridging beam should be over 
50% more ... it's not rocket science. I imagine the builders haven't got a 
clue. I have loads of example round here and it involves either a 
pre-stressed concrete beam or an RSJ.

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Julian Morris
Sent: 03 January 2019 11:01
To: UK Tree Care
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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