UKTC Archive

Re: TPO Compensation

Subject: Re: TPO Compensation
From: Trevor Heaps
Date: Jan 03 2019 18:43:18
Thanks all, some great advice here. Looking forward to reading through it all 
properly tomorrow.

Thanks again!

Trevor Heaps


On 3 Jan 2019, at 18:08, oisink@xxxxxxxxxxx.com <uktc@xxxxxx.tree-care.info> 
wrote:

Yes, in that the loss or damage claimed for has to be foreseeable based on 
the information provided as part of the application.

See Section 26 of the 2012 Regulations
(2) No claim, other than a claim made under paragraph (3), may be made under 
this regulation— 
(a) if more than 12 months have elapsed since the date of the authority’s 
decision or, where such a decision is the subject of an appeal to the 
Secretary of State, the date of the final determination of the appeal; or
(b) if the amount in respect of which the claim would otherwise have been 
made is less than £500.

(3) Where the authority refuse consent under these Regulations for the 
felling in the course of forestry operations of any part of a woodland area— 
(a) they shall not be required to pay compensation to any person other than 
the owner of the land;
(b) they shall not be required to pay compensation if more than 12 months 
have elapsed since the date of the authority’s decision or, where such a 
decision is subject to an appeal to the Secretary of State, the date of the 
final determination of the appeal; and
(c) such compensation shall be limited to an amount equal to any depreciation 
in the value of the trees which is attributable to deterioration in the 
quality of the timber in consequence of the refusal.

(4) In any case other than those mentioned in paragraphs (2) or (3), no 
compensation shall be payable to a person— 
(a) for loss of development value or other diminution in the value of the 
land;
(b) for loss or damage which, having regard to the application and the 
documents and particulars accompanying it, was not reasonably foreseeable 
when consent was refused or was granted subject to conditions;
(c) for loss or damage reasonably foreseeable by that person and attributable 
to that person’s failure to take reasonable steps to avert the loss or damage 
or to mitigate its extent; or
(d) for costs incurred in appealing to the Secretary of State against the 
refusal of any consent required under these Regulations or the grant of any 
such consent subject to conditions.

Oisin

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Roz Richardson
Sent: 03 January 2019 17:50
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: RE: RE: TPO Compensation

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


Fourth Floor(401), Borough Hall, Cauldwell Street, Bedford, MK42 9AP Direct 
Dial -  01234 XXXXXX (ext ) 47562 Mobile - ( 07900 XXXXXX) 
https://www.bedford.gov.uk 

Bedford Borough Council – Working with our partners to make the Borough a 
better place to live,work and visit. For up-to-date information on the 
Council follow us on Twitter: @bedfordtweets

All general planning information is available on our website: 
www.bedford.gov.uk/planning  

However, if the information is not available online, you will need to 
complete a request for advice on our pre-application enquiry form and pay the 
appropriate fee. Full information of this service and the online enquiry form 
can be found via this link www.bedford.gov.uk/planningenquiries 





-----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


--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/
Important: If you currently use a gsi-family domain name (gsi.gov.uk, 
gcsx.gov.uk or gsx.gov.uk) you must replace it with a government domain 
like gov.uk, gov.scot, llyw.cymru or gov.wales by March 2019.


This email is only intended for the individual or organisation to whom or 
which it is addressed and may contain, either in the body of the email or 
attachment/s, information that is personal, confidential and/or subject to 
copyright. If you are not the intended recipient, please note that copying 
or distributing this message, attachment/s or other files associated 
within this email, is strictly prohibited. If you have received this email 
in error, please notify the sender immediately and then delete it.



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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





--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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





--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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

Information security classification of this email: OFFICIAL-Unsecure

EMAIL CLASSIFICATION DEFINED:
*** OFFICIAL-INTERNAL: This message is intended for internal recipients only.
*** OFFICIAL-UNSECURE:  This message and any attached file(s) do not contain 
personal or sensitive information which requires it to be sent encrypted.
*** OFFICIAL-SECURE: Either this message or any attached file contains either 
personal or commercially sensitive information that requires it to be sent 
encrypted.

All email traffic may be subject to recording and/or monitoring in accordance 
with relevant legislation. This email and any attached file are the property 
of Bedford Borough Council. Any opinions expressed in this mail do not 
necessarily reflect the opinions of Bedford Borough Council. 
Bedford Borough Council is continuously working towards the requirements of 
the Public Sector Network and Data Protection legislation.  Data Subjects may 
exercise their information rights by contacting dpo@xxxxxxxx.gov.uk.




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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




-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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



-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

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