UKTC Archive

Re: RE: Civil cases for nuisance or damage to property

Subject: Re: RE: Civil cases for nuisance or damage to property
From: Julian Morris
Date: Jan 12 2020 10:37:41
I had this situation in spades last week. LPAs cannot lawfully impose 
conditions to protect a tree on land that's not within the application 
boundary. Even if they TPO'd it the encroachment can be removed under 
exception if it's a nuisance i.e. preventing some reasonable use of the land.

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


Sent: Sunday, January 12, 2020 at 10:24 AM
From: "Jerry Ross" <trees@xxxxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: Civil cases for nuisance or damage to property

Clearly it should have been; not sure if it was considered. I'm only
peripherally involved; just posing the question...


From my mobile

On 12 January 2020 10:19:48 Jim Quaife <jq@xxxxxxxxxxxxxxxxx.co.uk> wrote:

If the tree was on the boundary was it material to the planning 
application?
(Happy New Year everyone!)
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jerry Ross
Sent: 12 January 2020 08:17
To: UK Tree Care
Subject: Re: Civil cases for nuisance or damage to property

Here's another instance: a tree on a boundary leans strongly out over
adjoining land and there is some evidence of instability (it's a 3 stemmed
False Acacia and the basal fork looks a somewhat iffy) However the land in
question is a field and is essentially unoccupied, so risk of harm is
negligible.
But consent has been granted for a dwelling 8m away, directly opposite the
tree.
The risk level is thereby raised, probably to an unacceptable level, 
solely
as a result of the introduction of a permanent 'target'.
Where does liability lie?

(The tree owner wishes to keep the tree. However, if forced to remove it,
the costs would be significantly greater as a result of the new 
development
next door)


From my mobile

On 11 January 2020 18:56:41 AV Arboriculture <mike@xxxxxxx.co.uk> wrote:

Has anyone ever heard of a civil case involving a tree causing nuisance 
or
damage to property actually going to court? And if so, what was the 
outcome?

I have a client who is being threatened with civil action because her 
tree
is causing damage to her fence and slabs. The tree has been there longer
than the landscaped garden. In my mind, the neighbour should be able to
predict that any hard landscaping in that area is at risk of being 
damaged,
so it it her responsibility?

I would be really surprised if such spurious cases got any court time,
especially as the courts are severely stretched like every other public
service.

Mike Charkow



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The UKTC is supported by Bosky Trees arboricultural consultancy
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