UKTC Archive

RE: RE: RE: TPO Compensation

Subject: RE: RE: RE: TPO Compensation
From: Roz Richardson
Date: Jan 03 2019 17:50:13
Bedford BC - OFFICIAL-Unsecure

Following this link am I correct/incorrect in understanding that in order for 
there to be a claim for compensation this has to made clear at the point of 
the application?  The reason I ask is that I had a TPO subsidence case which 
I was minded to refuse due to the ambiguous evidence submitted and to be 
honest when decided.  But those more senior to the purse strings than I  took 
it over as they were poop scared of a massive claim to underpin the property.

The history on the property raised questions in itself - built one of 12 
properties at the same time by the same builder and movement went back 
approximately 10 years with one report saying not to fell or install a root 
barrier - after over a year with e-mails flying around, residents and local 
member making themselves vocal and the house clearly moving all over the 
place the insurance company are going to install a root barrier.

Kind Regards

Roz Richardson BSc (Hons) Env Mgt, Dip Arb (RFS) Tech Cert (Arbor A) Tree 
Officer Bedford Borough Council

PLEASE NOTE I AM UNAVAILABLE ON TUESDAYS


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-----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 17:34
To: UK Tree Care
Subject: Re: RE: RE: TPO Compensation

I'm glad they're gone, but after looking at a 1969 TPO today and going 
through what would happen if the Council wanted to deny compensation in 2019 
I could see no support in the 2102 or 1999 Regs or the 1997 or 2008 Act that 
they could not still certify special amenity after a refusal, and duck the 
compensation. After all, the TPO is a freestanding self-contained set of 
rules that survives legislation changes. 

Hopefully of purely academic interest. Dammit, now I've got to check the 
Scottish rule.

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


Sent: Thursday, January 03, 2019 at 5:18 PM
From: "oisink@xxxxxxxxxxx.com" <uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: RE: TPO Compensation

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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