UKTC Archive

RE: RE: TPO Compensation

Subject: RE: RE: TPO Compensation
From: oisink@xxxxxxxxxxx.com
Date: Jan 03 2019 17:18:13
For England, not since the 2012 regs. And in any case, when they did exist, 
an Article 5 Certificate was specific to a decision, it did not exist on the 
file in relation to new decisions.

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Julian Morris
Sent: 03 January 2019 17:09
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: RE: TPO Compensation

Almost...

There are Orders in existence where Article 5 directions would deny the right 
to compensation. That's why I suggested checking what the TPO says.

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


Sent: Thursday, January 03, 2019 at 3:13 PM
From: "Howe, Ron" <Ron.Howe@xxxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO Compensation

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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The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/




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The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/